Grant v. Whittlesey
Texas Supreme Court
Appeal from Harris. Suit by Whittlesey v. R. A. & E. A. Grant, on' a promissory note. The petition failed to allege that the note was due, or that defendant ever became liable or promised to pay it, or that the note was not paid. The petition alleged that the note was executed for services rendered by attorneys in defending the separate property of the wife in a suit against her.
Read the full summary
Appeal from Harris. Suit by Whittlesey v. R. A. & E. A. Grant, on' a promissory note. The petition failed to allege that the note was due, or that defendant ever became liable or promised to pay it, or that the note was not paid. The petition alleged that the note was executed for services rendered by attorneys in defending the separate property of the wife in a suit against her. Judgment for plaintiff, authorizing a levy of execution on the separate property of the wife, or the community property, at the election of the plaintiff.
1Opinion of the CourtDevine, J.
The plaintiffs in error assign, as grounds for a reversal of the judgment, the overruling the demurrer of Grant and wife to the petition of Whittlesey, who was plaintiff in the court below, and to the error in the judgment which authorized the plaintiff, Whittlesey, to have execution levied, at his option, on the community property of defendants, or on the separate property of the wife. There was no error in authorizing the plaintiff to have execution levied as stated. On the trial, it was shown to the satisfaction of the judge (a jury being waived), that the debt was incurred for the…
2Cases cited1 opinion
- Holman v. CriswellTexas Supreme Court · 1854
3Cited by13 opinions
- Indiana & Ohio Live Stock Ins. Co. v. SmithCourt of Appeals of Texas · 1913
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- Cotton v. ThompsonCourt of Appeals of Texas · 1913
- Merchants' & Bankers' Fire Underwriters v. WilliamsCourt of Appeals of Texas · 1915
- Davis v. WhiteCourt of Appeals of Texas · 1918
8 more not listed; retrieve them via the Exa API.