Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 159
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1875.] . ATRTHUIR v. BATT^E. 159
Opinion of the court.
ISAAC W. ARTHUR V. W. C. BATTE ET AL.
1. INJUNCTION-GARNISHiMENT.--An injunction will not be issued in
aid of a garnishment sued oat in the United States Circuit Court
against a defendant sued in the State court upon the same debt.
2. CONFLICT OF JURISDICTION.-The jurisdiction of a State court to
proceed to judgment and execution cannot be affected by subsequent
garnishment proceedings in the United States courts.
3. PRACTICE.-The plaintiff ill garnishment proceedings will not be
allowed to interfere for the protection of such garnishee against
others seeking to enforce by suit collection of such debt. It is the
duty of the garnishee to protect himself against being compelled to
pay his debt twice.
ERROR from Marion. Tried below before the Hon. J. D.
MMbseley Sparks, for plaintiff in error.
Mason & Campbell and Moore $ Shelley, for defendants in
GOULD, ASSOCIATE JUSTICE.-The plaintiff in error, on
July 29, 1871, brought this suit to enjoin the defendant in
error, and the sheriff of Marion county, from farther proceedings
under an order of sale issued on a judgment rendered
in the District Court of said county on May 19, 1871,
in favor of defendant, Batte, against one W.V. Hughes.
The petition alleged that the plaintiff, Arthur, in the
year 1867, recovered a judgment in the United States Circuit
Court at Tyler against said Batte, as one of the sureties
on a claim bond regularly forfeited, by which forfeiture
it was alleged that said bond became of the force and
effect of a judgment. That on the 4th day of May, 1871,
plaintiff had sued out a writ of garnishment in said cause
against W. V. Hughes, commanding him to appear and
answer in said United States Circuit Court as to his indebtedness
to said Batte. Service of said writ on Hughes was
averred to have been had on the 15th of May, and that on
the same day he answered, setting up facts showing his in
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/167/: accessed November 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .