This case is brought to this court by writ of error by the City National Bank of Commerce of Wichita Falls, Tex., garnishee, to reverse a judgment of the district court of Travis county, rendered against the bank as garnishee, on September 21, 1921, in favor of Charles P. Scrivener, for the sum of $5,000.62. The garnishment proceeding was predicated upon a judgment rendered by the same court on the 29 th day of May, 1920, in favor of C. P. Scrivener and W. B. Wor-tham, and against the Cordell Petroleum Company and other defendants, for the sum of $22,851. In addition to the moneyed judgment for $22,851 rendered in the main case, the court rendered judgment in favor of the plaintiffs Scrivener and Wortham, canceling certain deeds to certain tracts of land, but that feature of that case is immaterial in this case.
The judgment in the garnishment proceeding, from which the City National Bank of Commerce, the garnishee, is prosecuting this writ of error, is based upon the fact that the plaintiff had obtained a moneyed judgment against the defendants, and that the garnishee was indebted to the Cordell Petroleum Company, one of the defendants in the main case. The defendants in the main case have prosecuted an appeal to this court, and we have rendered a judgment reversing the moneyed judgment obtained in that case against the Cordell Petroleum Company, and, as we take judicial knowledge of that fact in this ease, it becomes our duty to reverse the judgment against the garnishee. That judgment is based upon the fact that the plaintiffs have a judgment against the Cor-dell Petroleum Company, and as .this court, on the same day that the judgment was rendered in this proceeding, has reversed- and set aside that judgment, it would constitute fundamental error to permit the judgment against the garnishee to remain in force.
Therefore the latter judgment is reversed, and judgment here rendered for the plaintiff in error, City National Bank of Commerce, of Wichita Falls, Tex., without prejudice, however, to the right of plaintiffs to sue out another writ of garnishment, if, upon another trial, they should obtain a moneyed judgment against any of the defendants in the main suit.
Reversed and rendered.