Farmers' State Bank of Merkel v. First Nat. Bank of Anson

Court of Appeals of Texas

Farmers' State Bank of Merkel v. First Nat. Bank of Anson

228 S.W. 268, 1921 Tex. App. LEXIS 703

CourtCourt of Appeals of Texas

DecidedFebruary 17, 1921

DocketNo. 1178.

StatusPublished

Cited by3 cases

This text of 228 S.W. 268 (Farmers' State Bank of Merkel v. First Nat. Bank of Anson) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Farmers' State Bank of Merkel v. First Nat. Bank of Anson, 228 S.W. 268, 1921 Tex. App. LEXIS 703 (Tex. Ct. App. 1921).

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Opinion

WALTHALL, J.

This is a garnishment proceeding growing out of the principal suit of Farmers’ State Bank of Merkel v. J. W. Briggs, a suit tried in the district court of Jones county, and appealed to the Court of Civil Appeals at Fort Worth, and transferred to this court. The garnishee bank answered that it was indebted to J. W. Briggs in the sum of $2,000. The principal suit was dismissed by the court on the ground of want of sufficient service of citation on the defendant. Thereafter this, the garnishment suit, was dismissed, on motion of the garnishee bank, on the ground that the main or original suit had been dismissed. The appeal of the Farmers’ State Bank of Merkel is this day sustained, and the case reversed and remanded by this court. 228 S. W. 267.

Error is assigned to the judgment sustaining the motion to dismiss pending final judg *269 ment on appeal; the answer of the garnishee showing an indebtedness of the garnishee to J. W. Briggs, defendant in the original suit. We are of the opinion that the assignment should he sustained. The trial court should have continued the garnishment proceeding to await the result of the appeal in the Imain case. Bergman Produce Co. v. First State Bank of Paducah, 141 S. W. 154, and cases cited.

The case is reversed and remanded.

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WALTHALL, J.

This is a garnishment proceeding growing out of the principal suit of Farmers’ State Bank of Merkel v. J. W. Briggs, a suit tried in the district court of Jones county, and appealed to the Court of Civil Appeals at Fort Worth, and transferred to this court. The garnishee bank answered that it was indebted to J. W. Briggs in the sum of $2,000. The principal suit was dismissed by the court on the ground of want of sufficient service of citation on the defendant. Thereafter this, the garnishment suit, was dismissed, on motion of the garnishee bank, on the ground that the main or original suit had been dismissed. The appeal of the Farmers’ State Bank of Merkel is this day sustained, and the case reversed and remanded by this court. 228 S. W. 267.

Error is assigned to the judgment sustaining the motion to dismiss pending final judg *269 ment on appeal; the answer of the garnishee showing an indebtedness of the garnishee to J. W. Briggs, defendant in the original suit. We are of the opinion that the assignment should he sustained. The trial court should have continued the garnishment proceeding to await the result of the appeal in the Imain case. Bergman Produce Co. v. First State Bank of Paducah, 141 S. W. 154, and cases cited.

The case is reversed and remanded.

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228 S.W. 268, 1921 Tex. App. LEXIS 703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farmers-state-bank-of-merkel-v-first-nat-bank-of-anson-texapp-1921.

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