Cordes v. Kauffman

Citations

• 29 Tex. 179

Syllabus

<p>In a proceeding by garnishment against a husband and wife, the sickness of the wife, which rendered it impossible for either husband or wife to attend the trial, is a sufficient ground for certiorari. (Paschal’s Dig., Art. 468, Note 331.)</p> <p>A garnishment, under the 19th section of “ An act regulating attachments,” requires the garnishee to answer, upon oath, what he is indebted to the defendant, or what effects of the defendant he has in possession, and had at the time of serving the garnishment, and what credits and effects of the defendant there are in the hands of any other person, to the best of his knowledge and belief. (Paschal’s Dig., Art. 157, Note 267.)</p> <p>A statement that the garnishee is not indebted to the defendant in attachment does not meet the requirements of the act. (Paschal’s Dig., Art. 157, Note 267.)</p> <p>Where the garnishee fails to answer, as required by the 19th section of the act, before final judgment is rendered against the defendant in attachment, it is the duty of the court to render judgment as required by the 20th section. (Paschal’s Dig., Arts. 157, 159, Notes 267, 268.)</p> <p>A petition for a certiorari must state a good and complete ground of defense. (Paschal’s Dig., Art. 468, Note 337.)</p>