Selman v. Lindsey
Court of Appeals of Texas
Error from Tarrant. Tried below before Hon. R. E. Beckham. This was a garnishment proceeding by Orr & Lindsley, plaintiffs, in District Court of Tarrant County, in case of Orr & Lindsley v. B. P. Hatcher, Ho. 4043, against R. W. Watson, since deceased. The affidavit shows that Watson was a resident of Collin County.
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Error from Tarrant. Tried below before Hon. R. E. Beckham. This was a garnishment proceeding by Orr & Lindsley, plaintiffs, in District Court of Tarrant County, in case of Orr & Lindsley v. B. P. Hatcher, Ho. 4043, against R. W. Watson, since deceased. The affidavit shows that Watson was a resident of Collin County. Writ of garnishment was served on Watson, and on application of plaintiffs commission was issued to the district clerk or notary public of Collin County in the usual form, which was returned by the clerk, stating that he had caused R. W. Watson to appear before him at his office,…
1Opinion of the Court
COLLARD, Judge.
All the proceedings for garnishment in this case were in the name of Orr & Lindsley v. R. W. Watson, except the judgment, which was for Orr & Lindsey. We do not think Lindsley and Lindsey are idem sonans, consequently the judgment can not stand. Roberts v. The State, 2 Texas Ct. App., 4; Whart. Crim. Ev., 9 ed., sec. 96; Shields v. Hunt, 45 Texas, 425; McRee v. Brown, 45 Texas, 503; Faver v. Robinson, 46 Texas, 204.
Watson living in a different county from the one in which the writ of garnishment issued, a commission issued to the clerk of the District Court of the county of his…
2Cases cited2 opinions
- Faver v. RobinsonTexas Supreme Court · 1876
- McRee v. BrownTexas Supreme Court · 1876
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