Legal Opinion · Dissent

Tigrett v. Pointer

Court of Appeals of Texas

Decided December 29, 1978No. 19601Published

1DissentAkin, Justice

I cannot agree that the garnishor established as a matter of law that the Heritage Corporation, the Heritage Building Company and the other corporate garnishees were the alter egos of Gerald Pointer so as to make each jointly and severally liable for the garnishor’s claim against the Heritage Building Company. Accordingly, I must dissent.

The majority opinion ignores both the legislative sanction of limited liability for corporate shareholders and extensive findings of fact made by the trial judge. To justify its alter ego result, the majority heavily relies upon a transfer of certain assets…

2Cases cited21 opinions

  1. Pepper v. LittonSupreme Court of the United States · 1939
  2. Berkey v. Third Avenue Railway Co.New York Court of Appeals · 1926
  3. Drye v. Eagle Rock Ranch, Inc.Texas Supreme Court · 1963
  4. Lassiter v. BlissTexas Supreme Court · 1977
  5. Pace Corporation v. JacksonTexas Supreme Court · 1955

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