HALEY v. YOUNG

No. 16731.

541 S.W.2d 217 (1976)

Claude HALEY dba Frank's Tomato House, Appellant, v. Earl YOUNG, Appellee.

Court of Civil Appeals of Texas, Houston.

August 19, 1976.


Attorney(s) appearing for the Case

Denson & Swain, Richard B. Warnke, Houston, for appellant.

No brief filed for appellee.


COLEMAN, Chief Justice.

This is an appeal from an order quashing a writ of garnishment on the ground that the judgment to which it is ancillary is invalid. This finding was based on the fact that the petition alleged a cause of action against "Earl Young, Jr.", and service was had on "Earl Young, Jr.", but the judgment was rendered against "Earl Young." The judgment will be reversed and the cause remanded.

The plaintiff alleged that it sold to the defendant...

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