Masten v. Gower

McDONALD, Chief Justice.

This suit was brought to recover judgment against Viola Gower, who had been abandoned and deserted by her husband for many years prior to the suit. Although the husband was made a party defendant, all parties to the suit appear to have treated Viola Gower as the only defendant in interest, and the plaintiffs only sought judgment against her.

This appeal, in view of the disposition made of it, involves only a construction of Rule No. 169, Texas Rules of Civil Procedure, governing requests for admissions of facts and of genuineness of documents.

Plaintiffs’ counsel sent a…