Farmers' Elevator Co. v. Advance Thresher Co.
Court of Appeals of Texas
Appeal from District Court, Dallas County; W. F. Whitehurst, Judge. Garnishment proceedings by the Advance Thresher Company against the Farmers’ Elevator Company, wherein the garnishee prayed that pthers be made parties, and all claimants be required to liquidate their claims. From judgment that plaintiff recover of the garnishee the full amount of its liability, and that two of the parties impleaded take nothing as against the garnishee or plaintiff.
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Appeal from District Court, Dallas County; W. F. Whitehurst, Judge. Garnishment proceedings by the Advance Thresher Company against the Farmers’ Elevator Company, wherein the garnishee prayed that pthers be made parties, and all claimants be required to liquidate their claims. From judgment that plaintiff recover of the garnishee the full amount of its liability, and that two of the parties impleaded take nothing as against the garnishee or plaintiff. W. T. Waggoner and Ben Kruse, the impleaded parties, appeal.
1Opinion of the CourtTalbot, J.
The Advance Thresher Company, appellee, which had previously obtained a personal judgment against John McDuff and others, caused a writ of< garnishment to issue out of the district court of Dallas county, Tex., and served upon the Farmers* Elevator Company at Electra, Tex. The Farmers’ Elevator Company, as garnishee, answered, in substance, that on or about June 15, 1914, McDuff sold and delivered to it certain wheat for which it had not yet paid, and that it believed its indebtedness to McDuff to be about $1,750; that after delivery to it of said wheat, and after service of the writ of…
2Cases cited10 opinions
- Boydston v. MorrisTexas Supreme Court · 1888
- Zapp v. Johnson and DickTexas Supreme Court · 1895
- Holden v. CoxSupreme Court of Iowa · 1883
- Prettyman v. UnlandIllinois Supreme Court · 1875
- Sparks v. Crescent Lumber Co.Court of Appeals of Texas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Tenneco Oil Company v. Padre Drilling CompanyTexas Supreme Court · 1970
- In Re BrannonCourt of Appeals for the Fifth Circuit · 1933
- Banner Oil & Gas Co. v. GordonCourt of Appeals of Texas · 1921
- City of Dallas v. RyanCourt of Appeals for the Fifth Circuit · 1933
- Cotton Belt State Bank v. Roy H. Hatcheries, Inc.Court of Appeals of Texas · 1961
9 more not listed; retrieve them via the Exa API.