South Fort Worth State Bank v. Howe

MASSEY, Chief Justice.

Appellant, South Fort Worth State Bank, was a garnishee against whom appellee Arnold Howe had obtained a default judgment on October 2, 1961. We treat the matter before us as an appeal by writ of error from said judgment.

One element of complaint is because the sworn application and affidavit under which writ of garnishment was demanded failed to state whether W. F. Lytle, Jr., the defendant against whom the appellee had obtained a final judgment in personam, was a corporation, individual or partnership.

Another element of complaint is because the sworn application and…