Frieberg, Klein & Co. v. Elliott & Wright
Citations
- 64 Tex. 367
Syllabus
<p>1. Attachment. — When a claimant’s bond has been filed in accordance with the statute to try the right of property which has been seized under attachment, such property is no longer in custodia legis after its surrender and delivery into the possession of the claimant, but is subject to seizure and sale under other attachments against the real owner. The bond executed to release it from the first attachment furnishes the security to which the first attaching creditor must look, and after the execution of such bond the lien of his attachment is gone.</p> <p>2. Same.— Even if the lien of the first attachment continued, it would not preclude the seizure and sale of the property under an attachment for another debt, subject to such lien.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- by statute, “state could not prove its case [of involuntary manslaughter] without necessarily proving the driving while intoxicated charge,” and latter is thus a lesser included offense.
- Section, 577.010 is a lesser-included offense of involuntary manslaughter Section 565.024.1(2), which has the same “while in an intoxicated condition operates a motor vehicle” element as Section 565.024.1(3) at issue here
Source: CourtListener parenthetical corpus (CC0).
Judges: App, Com, Walker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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