Legal Opinion · Concurrence

Canfield v. Newman

Court of Appeals of Texas

Decided October 23, 1924No. 1655Published

1ConcurrenceHiggins, J.

As I understand the main opinion, it in effect holds a cause of action arose inuring to the benefit of the estate of Nettie Castile, wherefore her administrator is the sole proper party plaintiff, and the exceptions complaining of the misjoinder of parties plaintiff were properly sustained.

Upon this holding of a right of recovery vested in the administrator, the ruling upon these exceptions becomes of no practical importance. I concur in the view that upon the facts alleged a cause of action accrued in favor of the estate of Nettie Castile, and that her administrator can maintain the suit…

2Cases cited3 opinions

  1. Walker v. AbercrombieTexas Supreme Court · 1884
  2. Cassidy v. KlugeTexas Supreme Court · 1889
  3. Oglesby v. FormanTexas Supreme Court · 1890

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