White v. Hugh Lynch & Co.
Texas Supreme Court
Appeal from Liberty. Tried below before the Hon Peter W. Gray. The appellees, plaintiffs in a judgment against Edward J. Gil-lard, by their attorney, sued out their writ of garnishment against E. P. White, one of the appellants, alleging in their affidavit for the writ that Gillard, the defendant in the judgment, had no property within their knowledge, and that White, the garnishee, “ is indebted to said defendant, Edward J. Gillard, or has in his hands effects of said…
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Appeal from Liberty. Tried below before the Hon Peter W. Gray. The appellees, plaintiffs in a judgment against Edward J. Gil-lard, by their attorney, sued out their writ of garnishment against E. P. White, one of the appellants, alleging in their affidavit for the writ that Gillard, the defendant in the judgment, had no property within their knowledge, and that White, the garnishee, “ is indebted to said defendant, Edward J. Gillard, or has in his hands effects of said defendant.” White excepted to the affidavit, assigning for cause of exception that it was double, and that it was in the…
1Opinion of the CourtBell, J.
We are of opinion that the court below did not err in overruling the exception to the affidavit upon which the writ of garnishment issued. We are, also, of opinion that the answer of Mrs. Elizabeth Gillard showed that the property in controversy was community property, and that there is no error in the judgment. The case is decided upon the authority of the case of De Blane v. Lynch, 23d Tex. R., p. 25.
Judgment affirmed..
2Cited by13 opinions
- Stephens v. StephensCourt of Appeals of Texas · 1927
- Norris v. VaughanTexas Supreme Court · 1953
- Stringfellow v. SorrellsTexas Supreme Court · 1891
- Hayden v. McMillan, Devine & HowardCourt of Appeals of Texas · 1893
- Carter Bros. v. Wise County Coal Co.Court of Appeals of Texas · 1884
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