Nevins v. McKee
Texas Supreme Court
Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Kevins, who brought this suit, was garnished in the former suit, and, his answer being controverted, a judgment was rendered against him.
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Appeal from Grayson. Tried below before the Hon. Richard Maltbie. Kevins, who brought this suit, was garnished in the former suit, and, his answer being controverted, a judgment was rendered against him. He did not appear in person in the former case, nor did his attorney, and the ground of relief here sought was that the debt was really one owing to another than the plaintiff in the former proceeding, a fact which he was prevented from showing on account of an understanding between his attorney and himself as to the scope and extent of the attorney’s employment.
1Opinion of the Court
Willie, Chief Justice.—
The object of the present suit was to set aside a judgment duly rendered in a garnishment proceeding against Kevins, to retry the issue between the parties determined in that cause, and have a decision made as to whether the plaintiff in that judgment, or another party who claimed to own the note, was entitled to recover against the garnishee. '
In fact it was an attempt by petition, filed after the adjournment of the term of the court at which the judgment was rendered, to obtain a new trial of the cause which had resulted in such judgment.
A court of chancery has power…
2Cases cited2 opinions
- Johnson v. TempletonTexas Supreme Court · 1883
- Hedgepeth v. RobertsonTexas Supreme Court · 1857
3Cited by31 opinions
- Harding v. PearsonTexas Commission of Appeals · 1932
- Winters Mut. Aid Ass'n Circle No. 2 v. ReddinTexas Commission of Appeals · 1932
- Bankston v. BankstonCourt of Appeals of Texas · 1952
- Eldridge v. EldridgeCourt of Appeals of Texas · 1924
- Smith v. BanksCourt of Appeals of Texas · 1912
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