Legal Opinion

C. E. Harris & Co. v. C. B. Cozart Grain Co.

Court of Appeals of Texas

Decided May 29, 1915No. 797PublishedCited by 8 opinions

Appeal from Roberts County Court; J. E. Kinney, Judge. Action by C. E. Harris & Co. against tbe C. B. Cozart Grain Company. From a judgment sustaining a motion to quash plaintiffs garnishment proceedings, it appeals.

1Opinion of the CourtHall, J.

This appeal is from a judgment of tbe county court, sustaining a motion to quasb appellant’s garnishment proceedings. The application and affidavit for garnishment alleged:

“That plaintiff has reason to believe, and does believe, that the C. B. Cozart Grain Company, a corporation, with a local agent in Miami, Roberts county, by the name of W. H. Rhodes, upon whom service can be had herein, is indebted to defendant,” etc.

The court held that this was not in compliance with Vernon’s Civil Statutes, art. 273, requiring that the application for garnishment shall state the residence of the…

2Cases cited4 opinions

  1. People v. WilcoxIllinois Supreme Court · 1908
  2. Western Cottage Piano & Organ Co. v. AndersonTexas Supreme Court · 1904
  3. Bay City Iron Works v. Reeves & Co.Court of Appeals of Texas · 1906
  4. Dickerson v. Central Texas Grocery Co.Court of Appeals of Texas · 1912

3Cited by8 opinions

  1. National Truckers Service, Inc. v. Aero Systems, Inc.Court of Appeals of Texas · 1972
  2. Merchants Fast Motor Lines, Inc. v. LevensCourt of Appeals of Texas · 1942
  3. Queen Ins. Co. v. KellerCourt of Appeals of Texas · 1916
  4. Sanders v. Farmers' State Bank of MexiaCourt of Appeals of Texas · 1921
  5. Sunset Wood Co. v. KellyCourt of Appeals of Texas · 1918

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