Cook v. Phillips
Texas Supreme Court
Error from Travis. Tried below before the Hon. Thomas H. Duval. Suit by defendant in error against plaintiff in error and three others, on a joint and several note, signed by the plaintiff in error and two of his co-defendants, payable to the fourth defendant, and by him indorsed to the defendant in error, the plaintiff below. All the defendants were served with citation.
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Error from Travis. Tried below before the Hon. Thomas H. Duval. Suit by defendant in error against plaintiff in error and three others, on a joint and several note, signed by the plaintiff in error and two of his co-defendants, payable to the fourth defendant, and by him indorsed to the defendant in error, the plaintiff below. All the defendants were served with citation. The two co-promissors of the plaintiff in error having answered in time, the suit was dismissed as to them, and judgment taken against the other two. The plaintiff in error moved in arrest of judgment, on the ground that it…
1Opinion of the CourtWheeler, J.
The principal objection to the judgment, urged by the appellant, is, that the Court permitted the plaintiff to dismiss as to certain of his co-defendants who were served with process, and proceed to judgment against him. In Austin et al v. Jordan, (5 Tex. R. 130,) we held this general principle, as deducible from the authorities, that wherever a defendant need not have been joined, or where it may be desirable to dismiss one of several defendants, and the liability of the defendants is such that an action can be maintained against the other defendants without joining him, the plaintiff may…
2Cited by8 opinions
- Red River National Bank v. FergusonTexas Supreme Court · 1918
- Wells v. MacKay Telegraph-Cable Co.Court of Appeals of Texas · 1921
- Western Lumber Co. v. Chicago, R. I. & G. Ry. Co.Court of Appeals of Texas · 1915
- Masterson v. AshcomTexas Supreme Court · 1881
- Tinkham v. WrightCourt of Appeals of Texas · 1914
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