Opinion · Texas Supreme Court
Garner v. Burleson
26 Tex. 348
- Type
- Opinion
- Court
- Texas Supreme Court
- Jurisdiction
- Texas
- Date
- 1862-07-01
- Topic
- general
Beli, J. It cannot be doubted that the court below erred in overruling the motion to quash the attachment. (Hopkins v. Nichols, 22 Tex. R., 206.) But we are of opinion that the confession of judgment must be held to opéz-ate as a release of all errors in the record, and as binding upon the securities upon the replevin bonds, as Well as upon their principal.
Citator
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It cannot be doubted that the court below erred in overruling the motion to quash the attachment. (Hopkins v. Nichols, 22 Tex. R., 206.) But we are of opinion that the confession of judgment must be held to opéz-ate as a release of all errors in the record, and as binding upon the securities upon the replevin bonds, as Well as upon their principal. (Storey v. Nichols, 22 Tex. R., 87; Oldham & White’s Dig., art. 500.)
The judgment of the court below is affirmed.
Judgment affirmed,