Legal Opinion

City of Sherman v. Shobe

Texas Supreme Court

Decided November 1, 1900No. 938PublishedCited by 26 opinions

Error to the Court of Civil Appeals for the Fifth District,, in an appeal from Grayson County. Dancy A. Shobe, as holder of a judgment against the city of Sherman, sued out garnishment against Grayson County as a debtor of the city, and the latter was brought in as a party by the garnishee’s answer. Plaintiff: had judgment against the garnishee and the city appealed and on its affirmance obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

The defendant in error, having a judgment in the District Court of Grayson County against the city of Sherman, the plaintiff in'error, caused a writ of garnishment to issue against the county for the purpose of subjecting an indebtedness claimed to be due from it to the city to the payment of her judgment. Briefly stated, the answer filed by the county judge on behalf of the county disclosed the following facts: An epidemic of smallpox having broken out in the city, a verbal agreement was entered into between the city authorities and those of the county to the effect…

2Cases cited10 opinions

  1. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  2. Heigel v. Wichita CountyTexas Supreme Court · 1892
  3. Harrell v. Mexico Cattle Co.Texas Supreme Court · 1889
  4. Mayor of Mobile v. Rowland & Co.Supreme Court of Alabama · 1855
  5. Freeman v. MillerTexas Supreme Court · 1879

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3Cited by26 opinions

  1. Travis County v. Pelzel & Associates, Inc.Texas Supreme Court · 2002
  2. Bexar County v. LindenTexas Supreme Court · 1920
  3. Willacy County Water Control & Improvement District No. 1 v. AbendrothTexas Supreme Court · 1944
  4. Travis County v. Pelzel & Associates, Inc., Texas Court of Appeals, 3rd District (Austin)2000
  5. Pumphrey v. HunterCourt of Appeals of Texas · 1925

21 more not listed; retrieve them via the Exa API.

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