Legal Opinion

Gause v. Cone

Texas Supreme Court

Decided March 5, 1889No. 2652PublishedCited by 36 opinions

Appeal from Houston. Tried below before Hon. F. A. Williams.

1Opinion of the Court

Henry, Associate Justice.—

This is a garnishment proceeding. The amount in controversy is for house rent that accrued entirely between the service of the writ of garnishment and the date of the garnishee’s, answer. Before the debt became due, and before the answer was made, the. debtor gave an order for the amount of the debt to a third party, which was accepted by the garnishee subject to the result of this suit.

The judgment appealed from was against the plaintiff. It is contended in support of the judgment:

1. That the writ of garnishment can only reach things in existence at the time it is…

2Cases cited1 opinion

  1. Clay v. Clay's HeirsTexas Supreme Court · 1872

3Cited by36 opinions

  1. Smith v. Texas Co.Texas Commission of Appeals · 1932
  2. Marshall M. Chernin Ida Raye Chernin, Cross-Appellants/appellees v. United States of America, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1998
  3. Alexander v. BerkmanCourt of Appeals of Texas · 1927
  4. Thompson v. Harco National Insurance Co., Texas Court of Appeals, 5th District (Dallas)1998
  5. Williams v. StansburyTexas Supreme Court · 1983

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