Dupree v. Gunter
Texas Supreme Court
Dupree v. Gunter, 33 Tex. 679 (Tex. 1871)
Walker
Dupree v. Gunter
Opinion of the Court
There was error in the charge of the eourt. , The affidavit is not to be regarded as evidence of the facts upon which the attachment is sued out; and it may or may not .have misled the jury to charge that u the affidavit is evidence of the ground upon which the attachment was issued.”
The judgment of the district court is reversed, and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- W. J. Dupree v. W. W. Gunter
- Status
- Published
- Syllabus
- 3. In an attachment suit wherein the defendant reconvened for damages on account of the wrongful suing out of the attachment, it was error to ■ instruct the jury that the affidavit for the attachment was evidence of the alleged causes upon which the attachment was sued out.