Legal Opinion
State Bank & Trust Co. v. W. O. Horn & Bro., Inc.
Court of Appeals of Texas
Decided May 25, 1927No. 7121PublishedCited by 10 opinions
1Opinion of the CourtMcCLENDON, C. J.
Appeal by the State Bank & Trust Company, which- we will call the bank, from a judgment against it' as garnishee in favor of W. O. Horn & Bro., Inc.
The bank urges four propositions, which we' will consider in the order presented:(1). It is contended that, since its answer showing nonliability was filed September 4, 1923, and the controverting affidavit was not filed until April 3, 1924, the court was powerless to render the judgment.
This proposition is rested upon the following provision of subdivision 11 of article 2092, R. S.‘ of 1926:
“The plaintiff in garnishment shall have 15 days after…
2Cases cited19 opinions
- Stephen v. StateSupreme Court of Georgia · 1852
- Studstill v. StateSupreme Court of Georgia · 1849
- Kelly v. GibbsTexas Supreme Court · 1892
- Holloway Seed Co. v. City National BankTexas Supreme Court · 1898
- Bateman & Bro. v. MaddoxTexas Supreme Court · 1894
14 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Bednarz v. StateTexas Supreme Court · 1943
- Farmers Insurance Exchange v. LedesmaCourt of Appeals for the Tenth Circuit · 1954
- O'BRIEN v. ColeCourt of Appeals of Texas · 1976
- Hewitt v. De LeonCourt of Appeals of Texas · 1928
- Adams v. Grogan-Cochran Lumber Co.Court of Appeals of Texas · 1944
5 more not listed; retrieve them via the Exa API.