Presnall v. Stockyards Nat. Bank
Court of Appeals of Texas
Appeal from District Court, Tarrant County. Garnishment proceedings by P. A. Presnail and others against the Stockyards National Bank, garnishee. Judgment for defendant, and plaintiffs appeal. The appellants, P. A. Presnall and S. B. Mossner, obtained a judgment in the district court of Nueces county against Hugh Rogers for the sum of $1,921.90 with 10 per cent, interest. An execution was issued on May 28,1908, and returned nulla bona.
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Appeal from District Court, Tarrant County. Garnishment proceedings by P. A. Presnail and others against the Stockyards National Bank, garnishee. Judgment for defendant, and plaintiffs appeal. The appellants, P. A. Presnall and S. B. Mossner, obtained a judgment in the district court of Nueces county against Hugh Rogers for the sum of $1,921.90 with 10 per cent, interest. An execution was issued on May 28,1908, and returned nulla bona. Thereafter on January 16, 1909, the appellants applied for a writ of garnishment, which was issued and served on the Stockyards National Bank of Ft. Worth on…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [1] By proper assignments of error the appellants contend that the court erred in rendering judgment for the garnishee, for the garnishee admitted that it held money and effects of the defendant Rogers at the time the writ was served, and by the undisputed evidence not showing any legal or equitable defense which entitled it as against the appellants to hold such money and effects. The several matters of contest were á general deposit in the bank of $777.89, an assignment of an equity of redemption in mortgaged cattle, and a certificate for 20 shares of…
2Cases cited8 opinions
- Burrall v. . Bushwick Railroad CompanyNew York Court of Appeals · 1878
- Moursund v. PriessTexas Supreme Court · 1892
- Winslow v. FletcherSupreme Court of Connecticut · 1886
- Mensing v. EngelkeTexas Supreme Court · 1887
- Armour Bros. Banking Co. v. St. Louis National BankSupreme Court of Missouri · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Goldstein v. Union National BankTexas Supreme Court · 1919
- Benson v. Greenville Nat. Exchange BankCourt of Appeals of Texas · 1952
- Rowley v. Lake Area National Bank, Texas Court of Appeals, 1st District (Houston)1998
- Automobile Underwriters' Ins. Co. v. MurrahCourt of Appeals of Texas · 1931
- McClory v. SchneiderCourt of Appeals of Texas · 1932
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