Oviett v. Warner

NICKELS, J.-

The case is sufficiently stated in the opinion- of the honorable Court of Civil Appeals (281 S. W. 1113).

Because it was thought one, of the defendants in the original judgment had been released it was held that a garnishment based upon an affidavit in which it was not stated that neither of the defendants had “property in his possession * * * subject to execution sufficient to satisfy” the debt was not void — and this upon the theory that the rule announced in Buerger v. Wells, 110 Tex. 566, 222 S. W. 151, and Smith v. City Nat. Bank (Tex. Civ. App.) 140 S. W. 1145, became…