Hearn v. Foster
Texas Supreme Court
Error from Lamar. Tried below before the Hon. Wm. J. ■ Todd. Petition for 'certiorari to Justice’s Court dismissed on motion, in which the following causes were assigned : because-, the petition does not disclose any error committed in the Court below ; the facts set forth does not entitle the petitioner to the relief prayed for, and for want of equity.
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Error from Lamar. Tried below before the Hon. Wm. J. ■ Todd. Petition for 'certiorari to Justice’s Court dismissed on motion, in which the following causes were assigned : because-, the petition does not disclose any error committed in the Court below ; the facts set forth does not entitle the petitioner to the relief prayed for, and for want of equity. The petition set forth the following facts: An attachment was sued out of the Justice’s Court by the defendant in error against Robinson & Co.. Robinson & Go. placed in the hands of the plaintiff in error thirty dollars, with instructions,…
1Opinion of the CourtRoberts, J.
In determining the sufficiency of the petition,, it is not proper to regard the facts as stated by the Justice in. his transcript, in opposition to those set forth and sworn to-in the petition for certiorari.
The question is did the right to the money deposited by the-agent of Robinson & Go. in the hands of Hearn, accrue to. *403and vest in John T. Mills before the writ of garnishment was served on Hearn ? Mills’ right to the money by the original terms of the deposit was made to depend upon the attachment against Robinson & Co. being quashed; which contingency had happened, and immediately after…
2Cited by3 opinions
- Von Koehring v. SchneiderCourt of Appeals of Texas · 1900
- Lanning v. YarbroughCourt of Appeals of Texas · 1931
- Richers v. HelmcampCourt of Appeals of Texas · 1878