Rice v. Mercantile Bank Trust Co. Texas

BOND, Justice.

In 1929 the appellant filed suit against Joe Stephenson and Irene Stephenson in a county court of Dallas county, Tex., on an alleged joint indebtedness: A promissory note, executed by Joe Stephenson and Irene Stephenson, in the principal sum of $250, with interest and attorney fees and an open account in the sum of $245. The petition alleged that “Joe Stephenson and Irene Stephenson are husband and wife,” and that the indebtedness was due and owing by them “ by reason of the leasing and renting of a house.” There was no allegation in plaintiff’s petition to show that the debt…