Cleveland v. Cole
Texas Supreme Court
Appeal from San Jacinto. Tried below before the Hon. Edwin Hobby. This is an action by M. S. Cole, joined by her husband, Richard Cole, against appellants, W. D. Cleveland et al., for the alleged wrongful conversion of two mules, of the value of $125 each, one wagon valued at $65.00, and about one hundred and twenty thousand pounds of seed cotton valued at $5,000, the petition alleging the same to be the separate property of M. S, Cole.
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Appeal from San Jacinto. Tried below before the Hon. Edwin Hobby. This is an action by M. S. Cole, joined by her husband, Richard Cole, against appellants, W. D. Cleveland et al., for the alleged wrongful conversion of two mules, of the value of $125 each, one wagon valued at $65.00, and about one hundred and twenty thousand pounds of seed cotton valued at $5,000, the petition alleging the same to be the separate property of M. S, Cole. Defendants answered by general demurrer and general denial, and, specially, that the property was the community property of the plaintiff and her husband, R.…
1Opinion of the Court
Willie, Chief Justice.
The court erred in overruling the motion of appellants to continue the cause. The affidavit for continuance was in strict compliance with the statute, and, in such cases, the court has no discretion in the matter, but must grant the continuance. Jones v. Banks, decided this term; Chilson v. Reeves, 29 Tex. 275. The court did not err in sustaining the demurrer of appellants *405to the supplemental petition. It is now firmly settled by the decisions of this court that crops, grown upon the land of the wife, although the labor and other means used in their production are of her…
2Cases cited8 opinions
- Claiborne v. TannerTexas Supreme Court · 1856
- Love v. RobertsonTexas Supreme Court · 1851
- Braden v. GoseTexas Supreme Court · 1882
- De Blane v. Hugh Lynch & Co.Texas Supreme Court · 1859
- Chilson v. ReevesTexas Supreme Court · 1867
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Arnold v. LeonardTexas Supreme Court · 1925
- Graham v. FrancoTexas Supreme Court · 1972
- Stephens v. StephensCourt of Appeals of Texas · 1927
- Government Services Insurance Underwriters v. JonesTexas Supreme Court · 1963
- McGarraugh v. McGarraughCourt of Appeals of Texas · 1943
18 more not listed; retrieve them via the Exa API.