Smith v. Oak Cliff Bank & Trust Co.

DUNKLIN, Chief Justice.

The-decision Of the trial court, challenged here by appellant, to the effect that the constable’s fees of office were not subject to garnishment, is well supported on grounds of public policy so well expressed in National Bank of El Paso v. Fink, 86 Tex. 303, 24 S.W. 256, 40 Am.St.Rep. 833, and Sanger v. City of Waco, 15 Civ.App. 424, 40 S.W. 549 (writ of error refused). The further holding that the interests of others in the funds impounded, which the constable had no right to retain, and which would be lost to' them by application of the whole to the satisfaction of…