Hutcheson v. Clipper
Texas Commission of Appeals
Appeal from Montgomery county. Opinion by Watts, J. Statement.— This was a garnishment proceeding commenced in the district court of Montgomery county, on the 19th day of June, 1874, by plaintiff in error against defendant in error.
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Appeal from Montgomery county. Opinion by Watts, J. Statement.— This was a garnishment proceeding commenced in the district court of Montgomery county, on the 19th day of June, 1874, by plaintiff in error against defendant in error. The affidavit is in substance as follows: Hutcheson, on November 22, 1866, recovered a judgment against Clipper in that court for $5,728.80. April 7, 1868, Clipper filed his petition for writ of error, and at the same time executed a writ of error and supersedeas bond, with G. B. Madely, James B. Pinkston, John M. Wade and W. W. Goodson as his sureties. March 25,…
1Opinion of the Court
*551Opinion.— This proceeding was' had under article 3785, P. D., which is, in substance, that when a judgment has been rendered by any court, the plaintiff, his agent or attorney, may make an affidavit before the court or clerk thereof in which the judgment was obtained, in effect, as therein required, a writ of garnishment should issue.
Appellee, Wade, was not a party to the suit of Hutcheson v. Clipper in the district court at the time the judgment was therein rendered against Clipper, but he after-wards made himself a party by signing the writ of error bond as surety. In the exercise of…
2Cases cited1 opinion
- Morrison v. BeanTexas Supreme Court · 1860