Burns v. Martin
Court of Appeals of Texas
Appeal from District Count, Franklin County; W. R. Irby, Judge. Action by J. B. Burns against W. D. Martin. From a judgment dismissing garnishment proceedings, plaintiff appeals. J. C. Campbell sued and obtained a personal’judgment against A. J. Goswick as principal and W. D. Martin and J. B. Burns as sureties on a promissory note.
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Appeal from District Count, Franklin County; W. R. Irby, Judge. Action by J. B. Burns against W. D. Martin. From a judgment dismissing garnishment proceedings, plaintiff appeals. J. C. Campbell sued and obtained a personal’judgment against A. J. Goswick as principal and W. D. Martin and J. B. Burns as sureties on a promissory note. After the rendition of the judgment in April, 1915, J. B. Burns, one of the sureties, paid the plain-, tiff J. C. Campbell the full amount of the judgment. Shortly' afterwards A. J. Gos-wick paid $350 to J. B. Burns as a credit on the amount of the judgment paid by…
1Opinion of the CourtLevy, J.
(after stating the facts as above), [1] An application for a writ of garnishment stating simply the “name and residence” of the garnishee is a sufficient compliance with the terms of the statute to reach the money or credit or property of the defendant. Article 273, R. S. The article does not require the application to contain the words “ihcorporated” or “duly incorporated.” That part of article 273 which requires the application for a writ of garnishment to state that “the garnishee is an incorporated or joint-stock company” is applicable and need only be alleged where the creditor attempts…
2Cases cited1 opinion
- Eubanks v. SitesCourt of Appeals of Texas · 1912
3Cited by2 opinions
- First Nat. Bank of Fort Worth v. ColeCourt of Appeals of Texas · 1924
- Smith & Davis Mfg. Co. v. Citizens' State Bank of MarshallCourt of Appeals of Texas · 1924