Buerger v. Wells
Texas Supreme Court
Error to the Court of Civil Appeals for the Seventh District, in an appeal from Collingsworth County. Wells sued Buerger and Mrs. Mooney and had judgment, but appealed contesting an order quashing his writ of garnishment. This judgment was reversed and the cause remanded (157 S. W., 289) and Buerger obtained writ of error on the ground of conflicting decisions.
1Opinion of the CourtChief Justice Phillips
The suit was one by H. C. Wells against Fred Buerger as maker, and Mrs. Martha Mooney as endorser, of certain notes. A garnishment was sued out against an insurance company to reach a fund in its hands due Buerger. The affidavit for the garnishment only stated that Buerger did not have property in his possession within the State, subject to execution, sufficient to satisfy the plaintiff’s debt, omitting to negative such ownership of property by the other defendant. The honorable Court of Civil Appeals for the Seventh District held that the motion to quash the affidavit was improperly…
2Cases cited2 opinions
- Willis v. Lyman, Sears & Co.Texas Supreme Court · 1858
- Smith v. City Nat. Bank of Wichita FallsCourt of Appeals of Texas · 1911
3Cited by32 opinions
- Gulf Paving Co. v. LofstedtTexas Supreme Court · 1945
- Commonwealth of Massachusetts v. United North & South Development Co.Texas Supreme Court · 1942
- Smith v. Texas Co.Texas Commission of Appeals · 1932
- MacKey v. Lucey Products Corp.Texas Supreme Court · 1951
- Consolidated Gasoline Co. v. Jarecki Mfg. Co.Court of Appeals of Texas · 1934
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