American Surety Co. v. Bernstein
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Kaufman County. The Surety Company sued to set aside a judgment against it as garnishee obtained by Bernstein. It had judgment from which defendant appealed and the judgment was reversed and rendered in his favor. Appellee, the Surety Company, then obtained writ of error.
1Opinion of the CourtJustice Williams
This action was begun by the plaintiff in error in the District Court of Kaufman County, April 23, 1906, to set aside a judgment recovered by the defendant in error against it as garnishee. Stated in brief, the petition alleged that plaintiff was a New York corporation, doing business in Texas under a permit, having its principal office and a resident agent in Travis County; that it has not and has never had an agent in Kaufman County; that the defendant recovered a judgment in the District Court of Kaufman County against the American Legion of Honor and, upon it, sued out against the present…
2Cases cited2 opinions
- Walter A. Wood Mowing & Reaping MacHine Co. v. EdwardsCourt of Appeals of Texas · 1895
- Gay Ranch Co. v. Pemberton Bros. & YoungbloodCourt of Appeals of Texas · 1900
3Cited by18 opinions
- Craig v. Pittman & Harrison Co.Texas Commission of Appeals · 1923
- International & G. N. Ry. Co. v. Matthews Bros.Court of Appeals of Texas · 1913
- Reed v. First State Bank of PurdonCourt of Appeals of Texas · 1919
- Pinkston v. Victoria Bank & Trust Co.Court of Appeals of Texas · 1948
- Citizens' Nat. Bank of Lubbock v. First Nat. Bank of BronteCourt of Appeals of Texas · 1929
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