Pinson v. Kirsh

Citations

• 46 Tex. 26

Syllabus

<p>1. Attachment.—That an affidavit for attachment was, by leave of the court, written upon the original petition after the defendant had answered, that the affidavit was not marked “filed,” and that the petition was not refiled after the affidavit, are not serious objections to an attachment issued thereon.</p> <p>2. Damages for suing out attachment.—A plea in reconvention alleging that the property seized was not the property of defendant, but that by its seizure the defendant was delayed in moving his family, put to additional expense, and that his family from the delay was exposed, and sickness was caused by the exposure, causing an outlay of money in medical bills, loss of time of defendant and of his family: Held, To shew no cause of action.</p> <p>3. Same.—See statement of the ease for damages which are not the natural, proximate consequence or legal result of the seizure of property by attachment, and held to be too remote to be the basis for a recovery.</p>