Garner v. Burleson

Texas Supreme Court

Garner v. Burleson

26 Tex. 348

CourtTexas Supreme Court

DecidedJuly 1, 1862

StatusPublished

Cited by16 cases

This text of 26 Tex. 348 (Garner v. Burleson) 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

Garner v. Burleson, 26 Tex. 348 (Tex. 1862).

Pincite

Opinion

Beli, J.

It cannot be doubted that the court below erred in overruling the motion to quash the attachment. (Hopkins v. Nichols, 22 Tex. R., 206.) But we are of opinion that the confession of judgment must be held to opéz-ate as a release of all errors in the record, and as binding upon the securities upon the replevin bonds, as Well as upon their principal. (Storey v. Nichols, 22 Tex. R., 87; Oldham & White’s Dig., art. 500.)

The judgment of the court below is affirmed.

Judgment affirmed,

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Beli, J.

It cannot be doubted that the court below erred in overruling the motion to quash the attachment. (Hopkins v. Nichols, 22 Tex. R., 206.) But we are of opinion that the confession of judgment must be held to opéz-ate as a release of all errors in the record, and as binding upon the securities upon the replevin bonds, as Well as upon their principal. (Storey v. Nichols, 22 Tex. R., 87; Oldham & White’s Dig., art. 500.)

The judgment of the court below is affirmed.

Judgment affirmed,

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Bluebook (online)

26 Tex. 348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-burleson-tex-1862.

Opinion

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