Legal Opinion

Stockyards National Bank v. Presnall

Texas Supreme Court

Decided April 25, 1917No. 2503PublishedCited by 42 opinions

Error to the, Court of Civil Appeals for the Sixth District, in an appeal from Tarrant County. Presnall and Mossner sued out garnishment against the bank on a judgment in their favor against Rogers. Judgment went for the garnishee and plaintiffs appealed and secured a reversal and rendition in their favor, whereupon the bank obtained writ of error.

1Opinion of the CourtChief Justice Phillips

This was a garnishment suit by Presnall and Mossner against the plaintiff in error bank, after judgment obtained in another District Court against one Hugh Rogers. The writ of error was granted on the bank’s application under, as we find, a misapprehension of the record. The judgment against Rogers, upon which the garnishment was based, was upon citation by publication. In granting the writ we were of the impression that at the time of the filing of that suit and the service by publication Rogers was a non-resident of the State. There is nothing in the record of that cause, however, showing…

2Cases cited1 opinion

  1. Hopkins v. CainTexas Supreme Court · 1913

3Cited by42 opinions

  1. Bandy v. FIRST STATE BANK, OVERTON, TEX.Texas Supreme Court · 1992
  2. Levy v. RoperTexas Supreme Court · 1923
  3. Isaacs v. Bishop, Texas Court of Appeals, 6th District (Texarkana)2008
  4. Security Trust Co. v. Lipscomb CountyTexas Supreme Court · 1944
  5. Benson v. Greenville Nat. Exchange BankCourt of Appeals of Texas · 1952

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