C. Holek & Co. v. Phoenix Insurance
Texas Supreme Court
Appeal from Webb. Tried below before the Hon. J. C. Russell. Appellants sued A. Varona for nine hundred and thirty-seven and two one-hundredths Mexican dollars, and obtained a writ of attachment against him. On the same day they sued out writs of garnishment against appellees, alleging indebtedness to Varona. The writs were served on the agents of appellees. ■ They answered separately, admitting a qualified indebtedness to Varona on a policy of insurance.
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Appeal from Webb. Tried below before the Hon. J. C. Russell. Appellants sued A. Varona for nine hundred and thirty-seven and two one-hundredths Mexican dollars, and obtained a writ of attachment against him. On the same day they sued out writs of garnishment against appellees, alleging indebtedness to Varona. The writs were served on the agents of appellees. ■ They answered separately, admitting a qualified indebtedness to Varona on a policy of insurance. On motion of appellees, suit was dismissed because the writ of attachment against Varona had been quashed. On motion of appellants, the…
1Opinion of the Court
Willie, Chief Justice.
This suit is ancillary to the case of C. Holek & Co. v. A. Varona, dismissed a few days since for want of notice of appeal.
It arises out of an attachment and garnishment issued in that cause, and the two records have been submitted together for our decision. The plaintiffs and the defendant in the principal suit all resided without the limits of the state of Texas and within the [Republic of Mexico. The suit was brought in Webb county, Texas, upon a note and draft made payable in Heuvo Laredo, Mexico, the petition alleging as the ground of jurisdiction that Varona had…
2Cases cited1 opinion
- Haggerty v. WardTexas Supreme Court · 1860
3Cited by3 opinions
- Wilson v. National BankCourt of Appeals of Texas · 1901
- Fannin County Nat. Bank v. GrossCourt of Appeals of Texas · 1917
- Gill v. Oak Cliff Bank & Trust Co.Court of Appeals of Texas · 1959