H. F. & E. D. Craddock v. Goodwin
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. R. Burnett. William Goodwin and Sarah Goodwin, his wife, appellees, brought suit jointly against H. F. & E. D. Craddock, on the following alleged causes of action: 1. The wrongful and malicious suing out of an attachment by the appellants against William Goodwin, in one of the justices’ courts of Trinity county, on a note for $118.51, executed by William Goodwin in favor of H. F. & E. D. Craddock. 2. The wrongful and…
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Appeal from Walker. Tried below before the Hon. J. R. Burnett. William Goodwin and Sarah Goodwin, his wife, appellees, brought suit jointly against H. F. & E. D. Craddock, on the following alleged causes of action: 1. The wrongful and malicious suing out of an attachment by the appellants against William Goodwin, in one of the justices’ courts of Trinity county, on a note for $118.51, executed by William Goodwin in favor of H. F. & E. D. Craddock. 2. The wrongful and malicious suing out of an attachment in the district court of Trinity county, by the same parties, on the same note, against…
1Opinion of the Court
Quinan, Commissioner.—
The exceptions to the petition of the plaintiffs on the ground of the improper joinder of parties plaintiff and the improper joinder of causes of action is not, we think, well taken. It is true that Goodwin might have maintained this suit alone, but the statute provides that for the recovery of the wife’s effects, the suit may be brought either alone by the husband or jointly with the wife. For the wrongful seizure of the exempt property, no good reason can be perceived why *582the wife may not also join in the suit. The law exempts to the family certain property from…
2Cases cited4 opinions
- Clegg v. VarnellTexas Supreme Court · 1857
- Cole v. TuckerTexas Supreme Court · 1851
- Hillman v. BaumbachTexas Supreme Court · 1858
- Haviland v. ParkerMichigan Supreme Court · 1862
3Cited by60 opinions
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- Mondragon v. Austin, Texas Court of Appeals, 3rd District (Austin)1997
- Adams v. First Nat. Bank of WacoCourt of Appeals of Texas · 1915
- J & D Towing, LLC v. American Alternative Insurance Corp.Texas Supreme Court · 2016
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