Opinion

Trimble v. Miller

  • 24 Tex. 214
Court
Texas Supreme Court
Filed
Jul 1, 1859
Status
Published
Author
Roberts
On the bench
Roberts
Cited by
19 cases
Authority
More cited than 94.8%

The opinion

Roberts, J.

This is a suit against husband and wife, on a note jointly executed by them, for the hire of a negro. Process was served and judgment by default taken, in the usual form of a general recovery of the principal and interest of the note.

There is no valid cause of action stated in the petition against the wife. (Kavanaugh v. Brown, 1 Texas Rep. 481 .) The petition does not disclose that the debt was contracted for the benefit of the wife’s separate property, or any other fact that would authorize a judgment against her. Judgment reversed and the cause remanded.

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.