Legal Opinion

East Line & Red River Railroad v. Terry

Texas Supreme Court

Decided July 1, 1878PublishedCited by 7 opinions

Appeal from Marion. Tried below before the Hon. B. T. Estes. E. 8. Terry recovered a judgment, January 17,1878, against Zachry & Milner, for the sum of $2,365.07, in the District Court of Marion county.

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Appeal from Marion. Tried below before the Hon. B. T. Estes. E. 8. Terry recovered a judgment, January 17,1878, against Zachry & Milner, for the sum of $2,365.07, in the District Court of Marion county. On the 14th of August, 1877, pending the suit of Terry against Zachry & Milner, he filed petition and affidavit foi garnishment, setting forth in the affidavit that the East Line and Eed Eiver Eailroad Company was indebted to and- had money and effects belonging to Zachry & Milner in its possession. The writ of garnishment was served August 14, 1877. In Uovember, 1877, the president, William…

1Opinion of the Court

Moore, Chief Justice.

Our conclusion upon the merits of this case renders it unnecessary to consider most of the questions which have been discussed by appellant’s counsel.

To unsuccessfully impeach appellant’s answer to the writ of garnishment, it was, unquestionably, incumbent on appellee to prove that appellant was indebted^ Zachry & Milner, or had money or effects of theirs in its possession or under its control, at the service of the writ, or at a date anterior thereto, with notice of the garnishment. In a proceeding of this character, the creditor is the actor, and the burden of proof is…

2Cited by7 opinions

  1. Brooks v. FieldsSupreme Court of Oklahoma · 1910
  2. West Texas Nat. Bank v. Wichita Mill & Elevator Co.Court of Appeals of Texas · 1917
  3. Smith v. Houston Nat. Exch. BankCourt of Appeals of Texas · 1918
  4. Hatley v. West Texas Nat. Bank of Big SpringCourt of Appeals of Texas · 1925
  5. Denison Bank & Trust Co. v. People's Guaranty State Bank of TylerCourt of Appeals of Texas · 1919

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