281 S.W. 1113 | Tex. App. | 1926
"Where * * * a release is given to one of several obligors, and a reservation of rights purpose, the other obligors are not released intirely, but are responsible for their proportionate part of the obligation."
In the Basham Case it was held that the obligors not released were liable for the full amount instead of a proportionate part of the indebtedness unpaid.
It is settled in this state that, where twor or more persons are jointly indebted to a plaintiff, he is not entitled to the writ of garnishment without showing that none of them has property in his possession within this state sufficient to satisfy the indebtedness. Buerger v. Wells,
It follows from what has been said that we think the judgment is erroneous. It will be reversed and the cause will be remanded to the court below for a trial on its merits. *1116