SOUTH FORT WORTH STATE BANK v. HOWE

No. 16355.

361 S.W.2d 447 (1962)

SOUTH FORT WORTH STATE BANK, Appellant, v. Arnold HOWE, d/b/a Eagle Mountain Trading Post, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

October 12, 1962.


Attorney(s) appearing for the Case

Harry N. Ward, Jr., Fort Worth, for appellant.

Biddle, Fender & Day, and Eugene D. Biddle, Fort Worth, for appellee.


MASSEY, Chief Justice.

Appellant, South Fort Worth State Bank, was a garnishee against whom appellee Arnold Howe had obtained a default judgment on October 2, 1961. We treat the matter before us as an appeal by writ of error from said judgment.

One element of complaint is because the sworn application and affidavit under which writ of garnishment was demanded failed to state whether W. F. Lytle, Jr., the defendant against whom the appellee had obtained a final...

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