Bailey v. Deware
Texas Supreme Court
Application for writ of error to the Court of Civil Appeals for the Third District, in appeal from Marion County. The. proceeding was by garnishment brought by Bailey against Deware, trustee for Bower. Plaintiff had judgment and the trustee appealed. The judgment was reversed by the Court of Civil Appeals and appellee applied for a writ of error on the ground that the decision virtually overruled previous cases.
1Opinion of the Court
GAINES, Chief Justice.
The Court of Civil Appeals in this case reversed the judgment and remanded the cause; and it is claimed in the petition for the writ of error that this court has jurisdiction, upon the ground that the decision of the Court of Civil Appeals overrules the decisions of this court and of other Courts of Civil Appeals in the following cases: Alliance Milling Co. v. Eaton, 86 Texas, 401; Tittle v. Vanleer, 89 Texas, 174; Wallace v. Bagley, 26 S. W. Rep., 519; Murphy v. Milling Co., 26 S. W. Rep., 853, and Hamilton-Brown Shoe Co. v. Mayo, 27 S. W. Rep., 781.
This was a…
2Cases cited4 opinions
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Tittle v. VanleerTexas Supreme Court · 1896
- Hamilton-Brown Shoe Co. v. MayoCourt of Appeals of Texas · 1894
- Wallace & Waggener v. BagleyCourt of Appeals of Texas · 1894
3Cited by5 opinions
- Continental Radio Co. v. Continental Bank & Trust Co.Court of Appeals of Texas · 1963
- Dallas Nat. Bank v. Peaslee-Gaulbert Co.Court of Appeals of Texas · 1931
- Great Southwest Supply Co. of Texas v. Ernest & Associates, Inc. (In Re Ernest & Associates, Inc.)United States Bankruptcy Court, W.D. Texas · 1985
- Shirley-Self Motor Co. v. SimpsonCourt of Appeals of Texas · 1946
- Cavazos v. MunozDistrict Court, S.D. Texas · 2004