CITIZENS NATIONAL BANK IN ENNIS v. HART

No. 15976.

321 S.W.2d 319 (1959)

CITIZENS NATIONAL BANK IN ENNIS, Appellant, v. T. C. HART, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied March 6, 1959.


Attorney(s) appearing for the Case

Griffith & Lumpkins, Lynn B. Griffith and Stuart B. Lumpkins, Waxahachie, for appellant.

Dell & Perry Barber and Perry Barber, Colorado City, for appellee.


MASSEY, Chief Justice.

This is an appeal by writ of error from a default judgment in favor of a plaintiff in judgment, T. C. Hart, against a garnishee, Citizens National Bank in Ennis.

There are a number of questions presented by the appeal, but, if the provisions of Texas Rules of Civil Procedure, rule 107 commanding that "No default judgment shall be granted in any cause until the citation, with the officer's return thereon, shall have been on file with...

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