Scram v. Duggan
Scram v. Duggan
Opinion of the Court
Opinion by
§ 12G9. Attachment; construction of laios relating to. The principles of law applicable to attachments and similar extraordinary writs require a strict construction of the provisions of the statutes which regulate their issuance. Our courts have always adhered to this rule. [Raguet v. Nixon, Dallam, 386; Wooster v. McGee, 1 Tex. 17; Givens v. Taylor, 6 Tex. 315.]
§ 1270. Affidavit for attachment; must state that the defendant is “ justly indebted,” etc. The statute requires that the affidavit for attachment must state “that the defendant is justly indebted to the plaintiff, and the amount of the demand.” Where this requirement has not been complied with in terms or in substance, the proceedings are fatally defective, and the attachment will be dissolved. [Marshall v. Alley, 25 Tex. 342.]
§ 1271. Same; must contain all necessary facts; cannot be made up piece-meal by affidavits of different parties to separate facts. To sustain the affidavit for attachment appellants sought to make use of the affidavit made to the correctness of the account sued upon. This affidavit to the account was made by appellant Sam Scram, while the affidavit for the attachment was made by the appellant Bernard Scram. Held: The statute contemplates that the party making the affidavit, to procure the issuance of an attachment, shall swear to all such facts as are essential under the law to he sworn to, and not that the several different facts which constitute the
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.