Jemison v. Scarborough
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Jemison recovered a judgment against the firm of Dobson & Clark for $642.40, to be made out of the firm property and the individual property of Dobson.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Jemison recovered a judgment against the firm of Dobson & Clark for $642.40, to be made out of the firm property and the individual property of Dobson. On that judgment he sued out a writ of garnishment against appellee Scarborough, .who resided in Trinity county, on the 12th day of February, 1875. A commission was issued to the clerk of the district court of Trinity county, requiring him to cause Scarborough to go before him and answer under oath “ what he is indebted to the said firm of Dobson & Clark, and Thomas Dobson…
1Opinion of the Court
Watts, J. Com. App.—
Having considered the question involved in this appeal, the conclusion reached by us is that the judgment of the court below should be reversed and the cause remanded.
The statute provides that where the garnishee resides in a county other than that in which the proceeding is pending, that then a commission shall issue to the county of his residence for the purpose of taking his answers.
Should the garnishee, when notified, fail to appear and *360answer, then the officer to whom the commission was issued is required to certify that fact; and thereupon the court is authorized to…
2Cases cited1 opinion
- Freeman v. MillerTexas Supreme Court · 1879
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