Dodson v. Warren Hardware Co. (162 S.W. 952, 1913)

HALL, J.

On April 19, 1912, S. J. Dodson recovered judgment in the county court of Deaf Smith county, against E. W. Harrison, in the sum of $155, from which judgment Harrison appealed to this court, and on December 14, 1912, the judgment was affirmed for $106, provided the overplus was remitted by appellee within ■ 30 days. This remittitur was entered in this court on January IS, 1913, judgment was affirmed for $106, and motion for rehearing filed by E. W. Harrison was overruled by this court February 8, 1913. On November 25, 1912, M. W. Warren and C. W. Warren, a firm known as the Warren Hardware Company, obtained 'a judgment in the district court of Deaf Smith county, against S. J. Dodson, for the sum of $642.86, in cause No. 556, on the civil docket of siiid court, which was at the time of the trial of this cause unpaid except the sum of $125. On December 20, 1912, O. W. Warren made an affidavit for garnishment in cause No. 556, pending in the district court, and sued out a writ of garnishment against E. W. Harrison returnable to the next term of the district court of Deaf Smith county, which convened on May 4, 1913. A writ of garnishment was issued and served the same day, requiring Harrison to answer on May 5, 1913, and the garnishment suit, as shown by the civil docket of the district court of Deaf Smith county, was numbered 558. The garnishee Harrison filed his answer on May 14, 1913, in said cause No. 558, stating that he owed the judgment of $106, with interest at 6 per cent, from date in cause No. 285, in the county court of Deaf Smith count-y, and stating further that he did not know to whom he owed the judgment since he had been informed that one Edgar Johnson was the then owner of the judgment for value. On May 27, 1913, the garnishee Harrison, in accordance with the order of the court, pai