Moody & Jamison v. Julius Levy & Co.

Citations

• 58 Tex. 532
• 1883 Tex. LEXIS 60

Syllabus

<p>1. Attachment.—Prior to the adoption of the Revised Statutes the attachment law required the plaintiff to swear “that the attachment is not sued out for the purpose of injuring the defendant.” The Revised Statutes require that the affidavit shall state that the attachment is not sued out for the purpose-of injuring or harassing the defendant. An affidavit made under the Revised Statutes contained this language: “ This attachment is not sued out for the purpose of injuring and harassing the said defendant.” Held, a motion to quash was properly sustained, the affidavit not being made in compliance with the statute.</p>