Osborn v. Schiffer

Citations

• 37 Tex. 434

Syllabus

<p>1. An attachment issued before the execution of the attachment bond is fatally defective, and should be quashed on motion of the defendant.</p> <p>2. A motion to quash an attachment was overruled because it was not made until after the parties had announced ready for trial.' Held, error.</p> <p>8. A writ of attachment having been issued without petition, affidavit, or bond, it was error, at the return term of the writ, to permit the petition, affidavit and bond to be then filed, nuno pro tuno.</p> <p>4. Defendant in attachment reconvened for damages thereby occasioned to his mercantile credit at home and in the Eastern cities where he usually bought his goods. The court below ruled that he must confine his proof to the damages occasioned to his credit where he lived and conducted his business, and excluded his evidence offered to prove damage to his credit in the cities where he obtained his goods. Sold, error.</p> <p>5. To justify the suing out of an attachment on the affidavit of the attorney of the plaintiff, the mere belief of the attorney does not suffice. The grounds alleged must be actually substantiated.</p>