Court of Civil Appeals of Texas, 1886

Caspary v. Greely-Burnham Grocer Co.

Caspary v. Greely-Burnham Grocer Co.
Court of Civil Appeals of Texas · Decided October 27, 1886 · White
3 Willson 219

Caspary v. Greely-Burnham Grocer Co.

Opinion of the Court

Opinion by

White, P. J.

§175. Garnishment; insufficient writ of, to support judgment by defaidt. Defendants in error having a judgment against Owens & Arthur, garnished plaintiff in error. Plaintiff in error failing to answer the writ of garnishment, judgment by default was rendered against him January 6, 1886. The writ of garnishment was dated November 19, 1885, and required the garnishee to answer on January 4, 18.85. Held, the writ is fatally defective because it requires the garnishee to answer on an impossible date, a date that had elapsed prior to the issuance of the writ. The judgment by default is not supported by the service of such writ. [R. S. arts. 188, 189; Wright v. Wilmot, 22 Tex. 398; Covington v. Burleson, 28 Tex. 370; W. & W. Con. Rep. §§ 83, 89, 520, 841.]

Reversed and remanded.

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