Legal Opinion

Curtis v. Ford

Texas Supreme Court

Decided October 24, 1890No. 2631PublishedCited by 24 opinions

Appeal from Clay. Tried below before Hon. P. M. Stine. The statement is adopted from brief of appellant. W. R. Curtis, appellant herein, on the 15th day of July, 1885, instituted suit in the District Court of Clay County against one R. P. Wells, a resident of Missouri, to recover the sum of §3135, which appellant claimed was due him by said Wells on a certain note for §13,326, which appellant and said Wells had signed together as sureties for one B. Z, Bowers.

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Appeal from Clay. Tried below before Hon. P. M. Stine. The statement is adopted from brief of appellant. W. R. Curtis, appellant herein, on the 15th day of July, 1885, instituted suit in the District Court of Clay County against one R. P. Wells, a resident of Missouri, to recover the sum of §3135, which appellant claimed was due him by said Wells on a certain note for §13,326, which appellant and said Wells had signed together as sureties for one B. Z, Bowers. Appellant in his petition against said Wells alleged that he had been compelled to pay on said note to the legal holder thereof the…

1Opinion of the Court

GAINES, Associate Justice.

This is an appeal from a judgment in a garnishment proceeding. The writ of garnishment was sued out in the same case and at the same time as that in the case of this same appellant against the Henrietta National Bank, ante —, this day decided. The writs are alike, but this appeal presents some questions in addition to those presented by the other. In the present case there was an intervention, a contest, and a trial by jury.

Hpon the trial the plaintiff offered in evidence his writ of garnishment, which upon objection was excluded by the court. The ground of objection…

2Cases cited3 opinions

  1. W. R. Johnson & Co. v. Blanks, Walker & Co.Texas Supreme Court · 1887
  2. Pace v. SmithTexas Supreme Court · 1882
  3. Willis v. HeathCourt of Appeals of Texas · 1889

3Cited by24 opinions

  1. Daniels v. Pecan Valley Ranch, Inc., Texas Court of Appeals, 4th District (San Antonio)1992
  2. Sorenson v. City National BankTexas Supreme Court · 1932
  3. Kreisle v. CampbellTexas Supreme Court · 1896
  4. Challenge Co. v. SartinCourt of Appeals of Texas · 1924
  5. Hardy v. Construction Systems, Inc.Court of Appeals of Texas · 1977

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