Douglass, Brown & Co. v. Neil & Co.

Citations

• 37 Tex. 528

Syllabus

<p>1. Precisely how far garnishees may question a judgment rendered against their creditors, when the latter do not complain of the judgment, seems not to be settled. They may see that the judgment has been correctly rendered against their creditors, and that, when paid by themselves, it will protect them against their creditors; and they may see that their liability under the garnishment is correctly ascertained, and that judgment against them be rendered in accordance with law ; but they cannot be allowed to defeat the plaintiff’s action on grounds which the defendant did not see fit to assume, or which he chose to waive.</p> <p>2. Distinctions between legal and equitable rights being unknown in the judicial system of this State, if a party has rights cognizable either at law or in equity, he has a case within the jurisdiction of our courts.</p> <p>8. In this State an ordinary suit for debt is maintainable by one firm against another, irrespective of the fact that the same person is a member of both firms, and thus appears as both plaintiff and defendant.</p> <p>4. One partnership firm sued another by attachment, for debt, alleging that the defendants had abandoned the country, etc. One member of the plaintiff firm was also a member of the defendant firm, and he, in the name of the defendant firm, retained attorneys to defend the suit, who appeared and answered for the defendants; but plaintiffs recovered against defendants, and the latter did not appeal. There was no service of the attachment by publication, but it was levied on property of the defendants, and garnishment was served on appellants, who insist that the court below never acquired jurisdiction as against their creditors, the defendants. Held, that by the defendants’ appearance by attorney, and by the levy of the attachment on their property, the court below acquired jurisdiction both of their persons and their property.</p> <p>5. In a suit commenced by attachment, the defendants took no exceptions to