Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1885, and the Galveston term, 1886. Volume 65. Page: 51
xx, 818 p. ; 22 cm.View a full description of this book.
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1885.] BOWERS V. CONTINENTAL INSURANCE CO. 51
Statement of the case.
error separately, but have only thought it necessary to refer to such
matters as illustrate the rights and duties of the several parties, and
to refer to such rulings of the court below as require a reversal of the
judgment.
The judgment will be reversed and the cause remanded.
REVERSED AND REMANDED.
[Opinion delivered December 1, 1885.]
M. BOWERS V. CONTINENTAL INSURANCE CO. ET AL.
(Case No. 1886)
1. GARNISHMENT-AFFIDAVIT-CORPORATION-AGENT.-In a garnishment proceeding
against an insurance company the affidavit alleged that the agent of the company
was indebted to defendant, but not that the company itself was. Held:.
(1) That this allegation would not be allowable in the case of the agent of a
natural person; and though a corporation acts alone through its agent, yet,
when sued or cited, it can not be brought into court by allegations or writs
against its agents. (Ins. Co. v. Seeligrow., 59 Tex., 3.)
(2) In garnishment proceedings as well as suits, a court can acquire no jurisdiction
over a corporation through a petition filed against its agent.
(3) An appearance and answer by the corporation might cure an imperfect
writ, but not the vital defects in the affidavit.
(4) The garnishment should have been quashed.
APPEAL from Marion. Tried below before the Hon. W. P. 3cLean.This was a suit brought to obtain a personal judgment against one
S. E. Brande, and alleging that the debt sued on had been secured by
trust deed on certain property which had been destroyed by fire, but
which was covered by insurance in the two insurance companies
(appellees) to the amount of $2,000, which insurance was payable
to Brande, and praying for an original writ of garnishment to be served
on J. B. Littlejohn as the agent of the insurance companies and two
other persons.
On May 14, 1885, plaintiff filed his motion to dismiss as to the N.
O. Insurance company, and to docket the cases separately against
each company. June, 1885, the companies appeared jointly and
moved to quash affidavit bond and writ, and also to dismiss because
the case was improperly docketed. This motion the court sustained
and dismissed the case from the docket at cost of plaintiff, and entered
final judgment to that effect.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Tyler term, 1885, and the Galveston term, 1886. Volume 65., book, 1886; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28509/m1/67/: accessed May 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .