Mayes v. Woodall
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. B». Burnett. The appellant’s bill was dismissed on demurrer by the court below,—his preliminary injunction having previously been dissolved on the filing of the appellee’s answer, denying the allegations of the plaintiff. This appeal is the result.
1Opinion of the CourtWalker, J.
This case is very analogous to that of Shackleford’s Administrator v.-, decided at the present term; at least the appellant seeks to do that which we hold was improperly done in that case.
A party who holds a claim against another has no right to come in and defend that other’s lawsuit, simply upon the ground that if the suit should go against him, it will reduce him to insolvency: Thus, A. sues B.; B. is indebted to 0.; and 0., concluding that if A. should prevail against B., that B. will not be able to pay C. his *688debt, defends the suit. This principle, however, may be modified to prevent any…
2Cases cited2 opinions
- Goss v. McClarenTexas Supreme Court · 1856
- Rotzein v. CoxTexas Supreme Court · 1858
3Cited by2 opinions
- Glaser v. First National BankSupreme Court of Arkansas · 1896
- Hunt Production Co. v. BurrageCourt of Appeals of Texas · 1937