Givens v. Taylor
Texas Supreme Court
Appeal from Cherokee. The suit out of which this case arose was instituted by the appellees against one Lewis, and, on an affidavit being made that Lewis so secreted himself that the ordinary process could not be served upon him, an attachment was issued. This was after the ordinary process requiring the defendant Lewis to appear and answer' the plaintiffs’ petition had been returned “ not found.”
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Appeal from Cherokee. The suit out of which this case arose was instituted by the appellees against one Lewis, and, on an affidavit being made that Lewis so secreted himself that the ordinary process could not be served upon him, an attachment was issued. This was after the ordinary process requiring the defendant Lewis to appear and answer' the plaintiffs’ petition had been returned “ not found.” Summons in the ordinary way of garnishment was sued out against Givens, and publication was made requiring Lewis to appear and answer the plaintiffs’ petition, after which judgment final was…
1Opinion of the CourtLipscomb, J.
There we're many exceptions taken to the ruling of the court on points presented in the progress of the proceedings. We will only notice and discuss such as we believe to be important. The issue tried by the jury was oh a denial of the return of the garnishee, which denial it is contended was insufficient in law to authorize an issue to bo made up by the court for the jury. It will be seen by article 50 of Hartley’s Digest that “tiie plaintiff wishing to controvert tiie garnishee's answer may do so by making oath that lie believes the same to be incorrect.” If the provision of tiie statute…
2Cited by7 opinions
- Van Hook v. WaltonTexas Supreme Court · 1866
- Blum v. MooreTexas Supreme Court · 1897
- Brooks v. FieldsSupreme Court of Oklahoma · 1910
- Englert v. Englert, Texas Court of Appeals, 7th District (Amarillo)1994
- Riordan v. BrittonTexas Supreme Court · 1887
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