Kapp v. Teel

Citations

• 33 Tex. 811

Syllabus

<p>1. The rulings in Iglehart v. Moore (21 Texas, 501,) and other eases, approved, to the effect that while a negotiable instrument is current, the maker of it cannot be charged in garnishment.</p> <p>2. Injunction will lie to stay execution of a judgment rendered by a justice of the peace against a garnishee, on the answer of the latter that he had executed for his indebtedness a negotiable note which was not yet due; and it was error to dissolve the injunction for want of equity in a petition setting up such facts. The justice of the peace had no authority to render judgmeut. against a garnishee who answered to the effect stated, and without further proceedings or proof.</p>