14 Tex. 1 | Tex. | 1855
The affidavit, made to obtain the attachment, is in strict conformity to the statute, (Hart. Dig. Art. 25,) but it is insisted that the plaintiff should have made affidavit to the truth of the matter set forth in his petition, as prescribed in Art. 795 of the Digest. In the case of Schrimpf v. McArdle (13 Tex. R. 368) we intimated the opinion that the Act regulating attachments did not expressly, nor by necessary implication, repeal the provision of the statute last cited ; but that an affidavit of the truth of the material, substantive matter set forth
Reversed and remanded.