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KIRKMAN v. NORTH STATE BANK OF AMARILLO

No. 8191.

476 S.W.2d 958 (1972)

Jay U. KIRKMAN, Individually and as Executor, Appellant, v. NORTH STATE BANK OF AMARILLO, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied March 6, 1972.

Attorney(s) appearing for the Case

Jay U. Kirkman, Amarillo, for appellant.

Sanders, Miller & Baker, Ronald D. Nickum, Amarillo, for appellee.

JOY, Justice.

This is a suit upon the promissory note by plaintiff, North State Bank, with a writ of sequestration issuing on certain personal property of defendant, Jay U. Kirkman. Upon defendant's filing of a motion to quash the writ, the plaintiff took a non-suit, On the day prior to the non-suit, plaintiff had filed another action in a different court on the identical note with another writ of sequestration issuing on the personal property. Defendant has here...

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