Cohn v. Tillman
Texas Supreme Court
Error from Dallas Tried below before the Hon. Geo. A. Aldridge. E. M. Tillman brought suit against J. Simons & Co. for $13,000, and on September 24, 1884, applied for writs of garnishment against A. Cohn and others, stating that the residence of A. Cohn was in Ellis county, Texas.
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Error from Dallas Tried below before the Hon. Geo. A. Aldridge. E. M. Tillman brought suit against J. Simons & Co. for $13,000, and on September 24, 1884, applied for writs of garnishment against A. Cohn and others, stating that the residence of A. Cohn was in Ellis county, Texas. The writ against A. Cohn was directed to the sheriff of Ellis county, and served on October 6,1884. On December 15,1884, the court rendered judgment by default in the garnishment proceeding against A. Cohn and several others, Cohn having previously removed to Dallas county. On December 18, 1884, this writ of error…
1Opinion of the Court
Willie, Chief Justice.
The failure to docket the garnishment proceedings against each of the garnishees was an irregularity, but not one that would affect the validity of the judgment, if the proceedings were otherwise regular. Sun Mutual Ins. Co. v. Seeligson & Co., 59 Tex., 3.
But it was error to render judgment by default, final, against Cohn, instead of pursuing the course pointed out by statute for obtaining judgment against garnishees not resident in the county where the proceedings were commenced. Cohn was alleged to be a resident of Ellis county, and the writ of garnishment was directed…
2Cases cited1 opinion
- Sun Mutual Insurance v. Geo. Seeligson & Co.Texas Supreme Court · 1883
3Cited by5 opinions
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- Dupree v. QuinnCourt of Appeals of Texas · 1956
- Trabue v. WhitneyCourt of Appeals of Texas · 1906
- Bell v. First State Bank of PaducahCourt of Appeals of Texas · 1911