Freeman v. Miller
Texas Supreme Court
Appeal from Williamson. Tried below before the Hon. E. B. Turner. Judgment was rendered at the spring term, 1878, of the district court of Williamson county, in favor of M. D. Miller and against Negbaur & Robins, defendants, for the sum of $1,382.93, and against David Freeman, the appellant, as garnishee for a like sum. Freeman sued out injunction to stay execution on the judgment, and prayed for a new trial.
Read the full summary
Appeal from Williamson. Tried below before the Hon. E. B. Turner. Judgment was rendered at the spring term, 1878, of the district court of Williamson county, in favor of M. D. Miller and against Negbaur & Robins, defendants, for the sum of $1,382.93, and against David Freeman, the appellant, as garnishee for a like sum. Freeman sued out injunction to stay execution on the judgment, and prayed for a new trial. Miller filed a motion to dissolve the injunction, and dismiss the suit for want of equity in the bill. The motion to dissolve was heard and granted in vacation. When court convened the…
1Opinion of the Court
Bonner, Associate Justice.
This suit is an outgrowth from that of Freeman v. Miller, heretofore decided by this court, and reported in 51 Tex., 443.
In that case the garnishee, Freeman, having failed to make full answer, and no sufficient excuse appearing of record, judgment was rendered against him below, which, upon appeal, was affirmed.
In the opinion, however, it is said, “that if from accident, mistake or other cause, injustice has been done the garnishee, he himself must take the initiative, and by motion made in due time, or other proper proceedings, seek to set aside the judgment.” 51…
2Cases cited3 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Freeman v. MillerTexas Supreme Court · 1879
- Hair v. LoweSupreme Court of Alabama · 1851
3Cited by20 opinions
- Galveston, Harrisburg & San Antonio Railway Co. v. DoweTexas Supreme Court · 1888
- Lamb-McAshan Co. v. EllisTexas Commission of Appeals · 1925
- Healy v. Wick Building Systems, Inc.Court of Appeals of Texas · 1977
- Stewart v. ByrneTexas Commission of Appeals · 1931
- Mann v. BrownCourt of Appeals of Texas · 1918
15 more not listed; retrieve them via the Exa API.