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INSURANCE COMPANY OF NORTH AMERICA v. BARKER

No. 17159.

462 S.W.2d 75 (1970)

INSURANCE COMPANY OF NORTH AMERICA, Appellant, v. Mrs. Jack E. BARKER, Appellee.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied January 22, 1971.

Attorney(s) appearing for the Case

Akin, Vial, Hamilton, Koch & Tubb, and Charles J. McGuire, Dallas, for appellant.

Davis, Callaway & Marshall, Fort Worth, for appellee.

OPINION

MASSEY, Chief Justice.

Mrs. Jack E. Barker, intervenor in a garnishment before judgment proceeding, sought to have it declared that the deposit in her name in the garnishee bank was her sole and separate property. Suit to which the garnishment was ancillary was one against her husband for debt, filed by the Insurance Company of North America.

Mrs. Barker moved for summary judgment freeing her deposit, with her motion supported by affidavits...

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