Taylor v. Gillean
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. John H. Reagan. This suit was commenced on the 12th of March, 1856, by John Shackleford against William C. Gillean, John E. Smith, Reuben A. Reeves, and William A. Van Alstyne, as to the latter of whom it was, by consent, dismissed at the ensuing term of the court.
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Appeal from Anderson. Tried below before the Hon. John H. Reagan. This suit was commenced on the 12th of March, 1856, by John Shackleford against William C. Gillean, John E. Smith, Reuben A. Reeves, and William A. Van Alstyne, as to the latter of whom it was, by consent, dismissed at the ensuing term of the court. The plaintiff alleged in his petition, that in the spring of 1855, Gillean and Smith werepartners, conducting two mercantile establishments in Anderson county; one at Palestine, in the firm name of W. O. Gillean & Co., the other at Kickapoo, in the firm name of J. E. Smith & Co.;…
1Opinion of the CourtWheeler, C. J.
The appellants sought, by their intervention in the suit, to obtain the answer of the receiver, as garnishee, and to set aside the deed of assignment, and subject the notes and accounts in the hands of the receiver, to the satisfaction of their judgment.
To the first of these objects, they manifestly were not entitled. The effects in the hands of the receiver were under the immediate control, and held subject to the judgment of the court, and could not be interfered with by this process. Besides, it has been expressly decided, that a person having possession of choses in action of a debtor,…
2Cases cited3 opinions
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- Seguros Tepeyac, S.A., Compania Mexicana De Seguros Generales v. Maynard Bostrom and James L. JerniganCourt of Appeals for the Fifth Circuit · 1965
- Pace v. SmithTexas Supreme Court · 1882
- Arthur v. BatteTexas Supreme Court · 1874
- Kreisle v. CampbellTexas Supreme Court · 1896
- Hatley v. West Texas Nat. Bank of Big SpringCourt of Appeals of Texas · 1925
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