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24 Tex. 225

Barbee v. Holder

Texas Supreme Court

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Tried below before the Hon. Alexander W. Terrell. This was a suit by K. H. Barbee against William Holder, commenced the 7th September, 1857, by attachment, on a promissory note, before its maturity.

Cited by 1 later decisions — most recently June 1880

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

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Wheeler, C. J.

¶1The affidavit upon which the attachment issued, is in conformity to the statute; (O. & W. Dig., Art. 43,) and, under the repeated decisions of this court, must be held sufficient to support the attachment. (Schrimpf v. M‘Ardle, 13 Texas Rep. 368; 16 Id. 47; Primrose v. Roden, 14 Id. 1; 15 *227Texas Rep. 568; Wright v. Ragland, 18 Id. 289.) It is only the material traversable facts set forth in the petition, that need be embraced in the affidavit. We are of opinion, that the court erred in dissolving the attachment and dismissing the petition ; for which the judgment must be reversed, and the cause remanded.

¶2Reversed and remanded.

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