Army Bank of Ft. Sam Houston v. Sunset Wood Co.
Court of Appeals of Texas
Appeal from Bexar County Court for Civil Cases; J. H. Clark, Judge. Suit by the Sunset Wood Company against E'. Koerner, wherein, E. A. Kelly and P. G. Saunders, doing business under the name of the Army Bank of Port Sam Houston, were garnished, resulting in judgment against the garnishees by default, whereon execution was issued, and the garnishees obtained temporary injunction against plaintiff and John W. Tobin, Sheriff, which the court later dissolved.
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Appeal from Bexar County Court for Civil Cases; J. H. Clark, Judge. Suit by the Sunset Wood Company against E'. Koerner, wherein, E. A. Kelly and P. G. Saunders, doing business under the name of the Army Bank of Port Sam Houston, were garnished, resulting in judgment against the garnishees by default, whereon execution was issued, and the garnishees obtained temporary injunction against plaintiff and John W. Tobin, Sheriff, which the court later dissolved. Prom the order of dissolution, the garnishees appeal.
1Opinion of the CourtPly, C. J.
The Sunset Wood Company sued E. Koerner for debt, and on same day obtained a writ df garnishment against E. A. Kelly and P. G. Saunders, doing business under the name of Army Bank of Pt. Sam Houston, thereby securing a lien on any funds owing by appellant to Koerner. The latter filed what was intended as a replevy bond, which was made payable to E. A. Kelly and P. G. Saunders, and not to the Sunset Wood Company. No attention was paid to the bond at the trial of the suit, and it was not called to the attention of the county judge. The garnishee failed to answer, and judgment by default was…
2Cited by3 opinions
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