Miller v. Taylor
Texas Supreme Court
Error from Houston. June 29, 1850, Miller, administrator, ■obtained judgment against Hall before a Justice of the Peace, for §100. February, 1851, arbitration under the Statute between Leaverton and Hall. February 21,1851, garnishment by Miller, administrator, on the judgment of June 29,1850, for Leaverton, garnishee. February 26,1851, garnishment served -on Leaverton.
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Error from Houston. June 29, 1850, Miller, administrator, ■obtained judgment against Hall before a Justice of the Peace, for §100. February, 1851, arbitration under the Statute between Leaverton and Hall. February 21,1851, garnishment by Miller, administrator, on the judgment of June 29,1850, for Leaverton, garnishee. February 26,1851, garnishment served -on Leaverton. March 8,1851, judgment in the District Court, on the award of the arbitrators, against Leaverton, in favor of Hall for §126 47, no opposition thereto having been made. March 24, 1851, Hall transferred his judgment against…
1Opinion of the CourtWheeler, J.
The first, and principal question to be determined, is, whether the garnishee could be held liable, under the circumstances of this case, upon the process issued from the Justice’s Court. And the better opinion, upon authority, seems to be, that he could not; by reason of the proceeding pending, or which was the same in effect as a proceeding pending, in another Court, not of concurrent, but of a different jurisdiction, at the time of suing out the process against the garnishee.
“ It is an invariable and indisputable principle, that a gar“nishee shall not be made to pay his debt twice. Conse-…
2Cases cited3 opinions
- Howell v. FreemanMassachusetts Supreme Judicial Court · 1807
- Kidd v. ShepherdMassachusetts Supreme Judicial Court · 1808
- M'Carty v. EmlenSupreme Court of Pennsylvania · 1797
3Cited by4 opinions
- Burke v. HanceTexas Supreme Court · 1890
- Alexander v. BerkmanCourt of Appeals of Texas · 1927
- Gannaway v. ClosnerCourt of Appeals of Texas · 1931
- Haflin v. NixCourt of Appeals of Texas · 1886