E. L. Wilson Hardware Co. v. Duff
Texas Supreme Court
Application for writ of, error to the Court of Civil Appeals for the First District, in an appeal from Jefferson County. The appeal of the Wilson Hardware Company from the judgment in the consolidated proceedings b} them as assignees of the fund in the-hands of F. J. & B. C. Duff and by garnishment against Duffs, was dismissed for want of a final judgment. Appellants then applied to the Supreme Court for writ of error.
1Opinion of the Court
GAINES, Chief Justice.
The applicant for the writ of error brought suit against F. J. & R. C. Duff to recover the sum of $1000. The cause of action alleged was that the defendants had received that sum of money belonging to one Sims, and that the plaintiff was the holder of two drafts drawn by Sims upon them for the money. It appears also that the money received by the Duffs was received for Sims in a suit against the Texas & New Orleans Railway Company. McFadden, Weiss & Kyle, having brought suit against Sims to recover an alleged debt amounting to $2200, sued out writs of garnishment and had…
2Cited by4 opinions
- Speer v. Stover, Texas Court of Appeals, 4th District (San Antonio)1986
- Alpha Petroleum Co. v. DunnCourt of Appeals of Texas · 1933
- Furr v. FurrCourt of Appeals of Texas · 1961
- Whatley v. KingCourt of Appeals of Texas · 1952