Freeman v. Miller
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. E. B. Turner. M. D. Miller sued iSTegbaur & Robins,, partners, on protested drafts drawn by the latter on D. Freeman in favor of the former. Petition in ordinary form. In addition to suing Hegbaur & Robins, Miller alleged grounds for writ of garnishment directed to D. Freeman, a citizen of Galveston, the drawee in the drafts, and who had declined to pay them. Service on defendants and writ of garnishment to Freeman.
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Appeal from Williamson. Tried below before the Hon. E. B. Turner. M. D. Miller sued iSTegbaur & Robins,, partners, on protested drafts drawn by the latter on D. Freeman in favor of the former. Petition in ordinary form. In addition to suing Hegbaur & Robins, Miller alleged grounds for writ of garnishment directed to D. Freeman, a citizen of Galveston, the drawee in the drafts, and who had declined to pay them. Service on defendants and writ of garnishment to Freeman. Defendant Kobins made default. Fegbaur demurred and denied generally. Judgmeht final was rendered against both defendants for…
1Opinion of the Court
Bonner, Associate Justice.
David Freeman, a resident citizen of Galveston county, was garnished at the instance of M. D. Miller, in a suit brought by him in "Williamson county against Negbaur & Robins. On failure of Freeman to answer, commission, under the statute, issued to Galveston county, propounding to him the three statutory questions:
1. What he was indebted to the defendants Negbaur & Robins.
2. What effects of the defendants he had in his possession at the date of the serving on him of the writ of garnishment.
3. What credits or effects of the defendants were in the hands of any other…
2Cases cited2 opinions
- Dowell v. WintersTexas Supreme Court · 1858
- Adams v. McCownTexas Supreme Court · 1855
3Cited by27 opinions
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- Healy v. Wick Building Systems, Inc.Court of Appeals of Texas · 1977
- City of Sherman v. ShobeTexas Supreme Court · 1900
- JC Hadsell & Co., Inc. v. Allstate Insurance Co.Court of Appeals of Texas · 1974
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