Carter Bros. v. Younger Bros.

Texas Supreme Court

Carter Bros. v. Younger Bros.

3 Tex. L. R. 288

DecidedJuly 15, 1884

StatusPublished

This text of 3 Tex. L. R. 288 (Carter Bros. v. Younger Bros.) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carter Bros. v. Younger Bros., 3 Tex. L. R. 288 (Tex. 1884).

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Opinion

OPINION.

Delany, J.:

The only question in this case is .whether the court erred in quashing the attachment. The plaintiff set forth iu his affidavit two causes for attachment, which are not only distinct, but inconsistent — both of them can not be true.

If the defendants had disposed of their property, it was beyond their reach; hence, they could not convert it into money in order to defraud their creditors. It is difficult to distinguish between the affidavit in this case and the one in the case of Dunnenbaum v. Sohraum, (59 Texas, 281). Our opinion is that the judgment should be affirmed.

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OPINION.

Delany, J.:

The only question in this case is .whether the court erred in quashing the attachment. The plaintiff set forth iu his affidavit two causes for attachment, which are not only distinct, but inconsistent — both of them can not be true.

If the defendants had disposed of their property, it was beyond their reach; hence, they could not convert it into money in order to defraud their creditors. It is difficult to distinguish between the affidavit in this case and the one in the case of Dunnenbaum v. Sohraum, (59 Texas, 281). Our opinion is that the judgment should be affirmed.

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Bluebook (online)

3 Tex. L. R. 288, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-bros-v-younger-bros-tex-1884.

Opinion

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