Mack & Co. v. James

Court of Appeals of Texas

Mack & Co. v. James

1 White & W. 275

CourtCourt of Appeals of Texas

DecidedDecember 11, 1880

DocketNo. 940, Op. Book No. 2, p. 637

StatusPublished

This text of 1 White & W. 275 (Mack & Co. v. James) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mack & Co. v. James, 1 White & W. 275 (Tex. Ct. App. 1880).

Pincite

Opinion

Opinion by

Winkler, J.

§ 547. Attachment sued out upon a debt not due. A creditor, under the laws in force when these proceedings’ wrere had, was not required to wait the maturity of his ’ debt before suing out an attachment to secure him in its payment. But final judgment could not be rendered until the maturity of the debt. [Pas. Dig. art. 154.] The affidavit for attachment was sufficient. [Pas. Dig. art. 142, subd. 7.] An amended petition was filed after the debt became due. The judgment of the county court’ sustaining the motion to quash was error.

Reversed and remanded.

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Opinion by

Winkler, J.

§ 547. Attachment sued out upon a debt not due. A creditor, under the laws in force when these proceedings’ wrere had, was not required to wait the maturity of his ’ debt before suing out an attachment to secure him in its payment. But final judgment could not be rendered until the maturity of the debt. [Pas. Dig. art. 154.] The affidavit for attachment was sufficient. [Pas. Dig. art. 142, subd. 7.] An amended petition was filed after the debt became due. The judgment of the county court’ sustaining the motion to quash was error.

Reversed and remanded.

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Bluebook (online)

1 White & W. 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mack-co-v-james-texapp-1880.