Legal Opinion

Simmang v. Pennsylvania Fire Insurance Co.

Texas Supreme Court

Decided October 28, 1908No. 1846PublishedCited by 28 opinions

Error to the Court of Civil Appeals for the Fourth District in an appeal from Bexar County. Simmang, having a judgment against Geise in the District Court, sued out garnishment against the insurance company. The latter admitted liability to Geise, who made himself a party and defended on the ground that the property burned was exempt. Simmang had judgment, which was reversed on appeal by Geise. Appellee then obtained writ of error.

1Opinion of the CourtJustice Brown

In the District Court of Bexar County, 45th District, Frank Simmang recovered a judgment against Otto Geise for about $600. The Pennsylvania Fire Insurance Company owed Geise on a fire policy $341.20, which was not contested by the company. Simmang sued out in the District Court of the 45th District of Bexar County a writ of garnishment against the Pennsylvania Fire Insurance Company, calling upon it to answer what it was indebted to Otto Geise, and the company answered stating the amount due. Otto Geise filed a plea of intervention in which he claimed that the sum due him upon the policy of…

2Cases cited4 opinions

  1. Kelly v. GibbsTexas Supreme Court · 1892
  2. Heidenheimer Bros. v. BlumenkronTexas Supreme Court · 1882
  3. Kreisle v. CampbellTexas Supreme Court · 1896
  4. Strain & Swinburn v. Pauley Jail Building & Manufacturing Co.Texas Supreme Court · 1891

3Cited by28 opinions

  1. Goldburg Co. v. SalyerSupreme Court of Virginia · 1948
  2. King & King v. PorterTexas Supreme Court · 1923
  3. McMillan v. DeanCourt of Appeals of Texas · 1943
  4. King King v. PorterCourt of Appeals of Texas · 1923
  5. Thomson v. Findlater Hardware Co.Court of Appeals of Texas · 1913

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