Sanger Bros. v. Overmier & O'Neil

Citations

• 64 Tex. 57

Syllabus

<p>1. Jurisdiction — Attachment—Venue.— In a suit by attachment to recover | ®¡t a debt due from a mercantile partnership, and brought in a county in which neither of the defendants resided, one of the defendants pleaded in abatement, claiming the privilege of being sued in the county of his residence. Afterwards, and after the dissolution of the partnership, the other defendant filed a general denial to the action. Held:</p> <p>(1) The entry of an appearance, and the filing of a general denial by the defendant last answering (it being shown that firm debts were still unpaid), brought both parties defendant into court for the purposes of the attachment already levied on partnership property alone, notwithstanding the plea in abatement filed by the other partner, and jurisdiction attached.</p> <p>(2) The court had jurisdiction to foreclose the attachment and to render any other judgment affecting only the firm estate.</p>