112 S.W. 1038 | Tex. | 1908
A certificate from the Court of Civil Appeals presents a case and a question which may be stated briefly as follows: Appellee brought the suit against several defendants, who are the appellants, claiming an indebtedness from them to him, and sued out an attachment in the affidavit for which the statement was made that the attachment "is not sued out for the purpose of injuring or harassing the defendants." The question is certified, whether or not the affidavit was bad because the words, "or either of them," or others of like meaning, were not inserted after the word "defendants," so as to show that the purpose did not exist as to either of the defendants. The question is made pertinent by the suggestions contained in the opinions in Perrill v. Kaufman (
The attachment statute provides that the affidavit shall state "that the attachment is not sued out for the purpose of injuring or harassing the defendant." By article 3268, Revised Statutes, it is provided that in the construction of all civil statutes "the singular and plural number shall each include the other unless otherwise expressly provided." That this rule obtains in the construction of the attachment law is expressly held in Lewis Baker v. Stewart,