Moody & Tips Lumber Co. v. South Dallas Bank & Trust Co.

BOND, Chief Justice.

This appeal is from an ancillary judgment in garnishment proceedings. The appellant, Moody & Tips Lumber Company, as plaintiff, initiated the primary suit against Buster Shelton for debt, and sued out writ of garnishment against South Dallas Bank & Trust Company. The garnishment writ was duly issued and served on the garnishee Bank, who first answered, admitting its indebtedness to the debtor Shelton in the sum of $407.69.

On October 9, 1950 the garnishment suit and the primary suit were dismissed “for want of prosecution” without limitation or reservation, and on that date…