Legal Opinion

Ryan v. Ryan

Texas Supreme Court

Decided April 29, 1884No. Case No. 5079PublishedCited by 14 opinions

Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Appellant sued her husband, A. P. Ryan, in debt, and had attachment levied on the community property of herself and her husband. The defendant was served but made no appearance.

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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Appellant sued her husband, A. P. Ryan, in debt, and had attachment levied on the community property of herself and her husband. The defendant was served but made no appearance. Appellees intervened as creditors of A. P. Ryan, claiming that plaintiff’s attachment was collusive; that plaintiff and defendant were husband and wife; that their debts were community debts, and the property attached by plaintiff, upon which they had subsequently levied their attachments, was community property, and that plaintiff’s levy should be…

1Opinion of the Court

West, Associate Justice.

— We are of opinion that the court erred in instructing the jury without any qualification, whether, as matter of law, the appellant, who was a creditor of appellee Ryan, because she was his wife when the suit was filed, could not lawfully have in her favor a writ of attachment issued against the community property, and thereby acquire rights superior to other creditors who had just debts against the community.

Hnder our system of marital law, as regulated by the constitution and statutes, and as expounded from time to time by this court, the wife can in a proper case,…

2Cases cited5 opinions

  1. Rowland & Co. v. PlummerSupreme Court of Alabama · 1874
  2. Scott v. ScottIndiana Supreme Court · 1859
  3. Jones v. JonesSupreme Court of Iowa · 1865
  4. Price v. ColeTexas Supreme Court · 1872
  5. Kramer v. CongerSupreme Court of Iowa · 1864

3Cited by14 opinions

  1. Dority v. DorityTexas Supreme Court · 1903
  2. Gowin v. GowinCourt of Appeals of Texas · 1924
  3. Fox v. FoxCourt of Appeals of Texas · 1915
  4. Gonzales v. GonzalesTexas Supreme Court · 1927
  5. Holland v. RiggsCourt of Appeals of Texas · 1909

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