Henson v. Citizens Bank of Irving

McCLOUD, Chief Justice.

This is a case of first impression in Texas. The issue is whether the trial court abused its discretion in dismissing, without preju dice, plaintiffs suit after plaintiff refused to answer certain questions propounded to him during oral deposition on the ground the answers might tend to incriminate him and thus violated his Fifth Amendment rights granted under the Constitution of the United States.

Plaintiff, Herman Leon Henson, d/b/a Henson’s Used Cars, sued defendant, Citizens Bank of Irving, Texas, seeking a declaratory judgment and damages for alleged violations of…