H. Prince & Co. v. Turner
H. Prince & Co. v. Turner
Opinion of the Court
Opinion by
§ 657. Attachment; proceedings in, held sufficient; case stated. Prince & Co. sued in justice’s court upon a verified account for $137.20 against Mrs. M. Turner, and sued out an attachment therein against the property of W. C. Turner. In the affidavit for attachment it was alleged that “ the defendant W. C. Turner, doing business under the firm name and style of M. Turner, is justly indebted to the plaintiffs in the sum of $137.20; that the defendant W. O. Turner has disposed of his property with intent to defraud his creditors, ” etc. The citation commanded the officer to summon “W. O. Turner, doing business under the firm name and style of M. Turner, to appear,” etc. The attachment was levied upon the property of W. 0. Turner. In justice’s court judgment was rendered for the defendant. Prince & Go. appealed to the county court, and in that court their attachment proceedings were quashed, and judgment rendered in their favor for the debt sued for and costs; but the court of course refused to enforce the attachment lien upon the property levied upon. The motion to quash the attachment proceedings contained three grounds, viz.; 1. That the affidavit should have stated that “the defendant has disposed of his property, in whole or in part,” instead of stating as it does, that “the defendant has disposed of his property.” Held: This ground is not maintainable.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.