Hooks v. Bramlette

Opinion by

Walker, A. S., J.

§ 863. Discontinuance; principal and surety; recital in judgment. Where it is recited in the judgment that the suit was dismissed as to a defendant principal, because he is insolvent, the security cannot complain on appeal, unless it is shown that the suggestion or allegation of insolvency was not sufficiently made to the court or vms not true in fact, either by resistance at the time, for cause shown, or by plea, which should be allowed in the nature of a plea in abatement to the suit, as left by the improper dismissal of the principal. [Lewis v. Riggs, 9 Tex. 164;…