Mouser v. First Nat. Bank of El Campo
Mouser v. First Nat. Bank of El Campo
Opinion of the Court
In 1915, appellee recovered judgment against S. P. Smiley and Levina *1001 Smiley for the sum of $2,289.45, in the district court of Wharton county, of which sum $1,822.60 is still unpaid, and afterwards procured a writ of garnishment against appellant, who answered; that he was indebted to the Smileys in the sum of $380, which was secured by a lien for material on two certain lots of land in El Campo, Wharton county. Judgment was rendered against appellant, upon his answer, for $380, but by mistake the lien for material was not foreclosed against the lots. On February 10,1916, appellee filed an application to correct the judgment, which was rendered on November 22, 1915, so as to foreclose the lien, and on May 15, 1916, the court rendered judgment in favor of appellee against appellant for $380, and foreclosed the lien for material.
The case can be viewed as an original suit on a judgment, and the judgment rendered can be justified under that class of case.
The judgment is affirmed.
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Reference
- Full Case Name
- Mouser v. First Nat. Bank of El Campo.
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- Published