Kuykendall v. Coulter
Court of Appeals of Texas
Ebbob to County Court of Llano County. Tried below Hon. W. S. Maxwell, County Judge. Suit was brought upon a promissory note executed by the four defendants. The note was set out in full, and was a joint obligation by the makers. The petition, however, alleged that the instrument was a joint and several obligation. The defendants did not appear, and judgment final by default was rendered. The judgment was joint and several against the several defendants.
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Ebbob to County Court of Llano County. Tried below Hon. W. S. Maxwell, County Judge. Suit was brought upon a promissory note executed by the four defendants. The note was set out in full, and was a joint obligation by the makers. The petition, however, alleged that the instrument was a joint and several obligation. The defendants did not appear, and judgment final by default was rendered. The judgment was joint and several against the several defendants. There is no statement of facts, and the case is brought up for revision, by writ of error. The only assignment complained of was the form of…
1Opinion of the Court
KEY, Associate Justice.
But one question is presented in this case. The note sued on was a joint but not a several obligation; the court rendered a joint and several judgment. Because the judgment is several as well as joint, it is charged that reversible error exists.
Though an obligation may be joint and not several, if a separate suit can be maintained against each obligor, then it is proper to render a several judgment, whether one or all be sued. Black on Judg., sec. 210.
Delivered May 30, 1894.
Article 1256, Revised Statutes, as construed in Forbes v. Davis, 18 Texas, 274, and Wooters v.…
2Cases cited2 opinions
- Wooters v. SmithTexas Supreme Court · 1882
- Forbes v. DavisTexas Supreme Court · 1857
3Cited by9 opinions
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- Boyd v. UrrutiaCourt of Appeals of Texas · 1917
- Pecos & N. T. Ry. Co. v. CoxCourt of Appeals of Texas · 1912
- Homer S. Head v. A. A. Wollmann, Jr., A. A. Wollmann, Jr. v. Homer S. HeadCourt of Appeals for the Fifth Circuit · 1960
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