Briggs v. Lane
Briggs v. Lane
Opinion of the Court
Opinion by
§ 960. Amendment; officer's return upon an attachment. An attachment was levied by the sheriff upon some furniture but in his return upon the writ he omit
§ 961. Attachment; affidavit for, as to amount due; interest. It is not a fatal objection to the affidavit for an attachment that it does not state the amount of interest due upon the plaintiff’s demand. If it states the principal sum due, that is sufficient. The legal interest being a legal incident to the plaintiff’s demand, that would follow as a matter of course. [Wright v. Ragland, 18 Tex. 289; Barbee v. Holder, 24 Tex. 225; Morgan v. Johnson, 15 Tex. 569; Primrose v. Roden, 14 Tex. 1.]
§ 962. New trial; action of court granting a, not revisable. Even if a new trial has been erroneously granted, the error is not the subject of revision on appeal, except, perhaps, in a strong case. [Sweeney v. Jarvis, 6 Tex. 36; Hughes v. Maddox, 6 Tex. 90.] And certainly not where, as in this case, there is no statement of facts. [Parrott v. Underwood, 10 Tex. 48.]
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.