3 Tex. 457 | Tex. | 1848
delivered the opinion' of the court.
This suit was brought on a hote of hand made by the defendant, Wybrants, payable to P. M. ITannay or bearer, dated at Hew Orleans, 10th June, 1846, which was afterwards transferred by the said Hannay to the plaintiff, by delivery, for value received. The defendant, Wybrants, answered, setting up the proceedings had against him as garnishee, in the case of Rice & Nichols vs. Hannay [see the opinion of this court in the case of Wybrants vs. Rice & Nichols, this term], and he prayed that Rice & Nichols should be made parties in this case; and that the proceedings in that case should be, by order of the court, suspended, until it could be determined to whom he owed the amount of his note. The court below refused to make Pice & Uichols parties, or to suspend execution on the judgment they had obtained against the defendant as garnishee, but held that the judgment was a bar to the action of Dobbin against the defendant, Wybrants, in this case, and gave judgment accordingly; and to reverse which the plaintiff has brought a writ of error to this court.
It is not believed to be necessary that we should enter into a particular examination of the reasons in support of the judgment we shall give, reversing the judgment of the court below, as they will be apparent by reference to our opinion in the case
The judgment of the court below is reversed, and the cause remanded for further joroceedings.
