Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 182
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182 CLAYTON V. MOORING. [Term of
Statement of the case.
W. J. CLAYTON V. W. II. MOORING.
1. SEQUESTRATION BOND. SEAL. The Act of February 2d, 1858, which
provides for dispensing with the use of scrawls and seals, was intended
to embrace every instrument in the execution of which scrawls or
seals had been before that time used.
APPEAL from Wharton. Tried below before the Hon. Wmn.
Peticolas & Franks for appellant.
Geo. Quinan for appellee.
REEVES, J. This suit was brought by appellant to recover
twelve hundred bushels of corn or its value, alleged to be
six hundred dollars, and one ox wagon or its value, averred
to be one hundred and fifty dollars, praying for a writ of
sequestration. The sequestration bond is without seals to
the signatures of the parties signing the same,. and on that
ground the writ of sequestration was quashed on defendant's
motion. This ruling of the Court is the only error assigned
The judgment of the Court, after reciting that the sequestration
bond was quashed for want of a seal, recites that "the
" cause then came on for trial, and the matters as well of fact as
"of law having been submitted to the Court, and plaintiff pro"ducing
no evidence to sustain his claim, it is adjudged and
"decreed by the Court that the defendant go hence without
-'day," etc. Appellant contends that this judgment is the
equivalent of a nonsuit taken by plaintiff with notice of a motion
to set aside. We think not. There is no motion for a
new trial and no attempt was made to establish a meritorious
cause of action; nor is it made to appear that the plaintiff
would be able to prove his claim to the property on another
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/190/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .