Haynes v. Stovall
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. Charles A. Frazer. This was a suit by the appellant against the appellees, upon an account for $183.51, due for merchandise.
Read the full summary
Appeal from Harrison. Tried below before the Hon. Charles A. Frazer. This was a suit by the appellant against the appellees, upon an account for $183.51, due for merchandise. The plaintiff alleged, in his petition, that the several articles set out in his account, which was attached to and made a part of the petition, were sold and delivered to the appellee, C. G. Stovall; that they were necessaries for his family; that he was then, and also at the time the said articles were sold, insolvent; and that there was no community property belonging to the said C. G. Stovall and his wife, but that…
1Opinion of the CourtBell, J.
This suit cannot be maintained to subject the separate property of the wife, even upon the authority of the cases of Christmas v. Smith, 10 Texas Rep. 128 ; Brown v. Ector, 19 Id. 346; and McFaddin v. Crumpler, 20 Id. 374.
In these cases it was said, that the separate property of the wife might be made liable in equity, independent of the provisions of the statute of March 13th, 1848, on the subject of marital rights, for necessaries furnished to the family; and it was said, that the husband was to be considered as a part of the family, as would also the children of a former marriage, if there…
2Cited by17 opinions
- Cooke v. AverySupreme Court of the United States · 1893
- Menard v. SydnorTexas Supreme Court · 1867
- Grand Island Banking Co. v. WrightNebraska Supreme Court · 1898
- Gamel v. City Nat. Bank of Colorado Tex.Texas Commission of Appeals · 1924
- Harris v. WilliamsTexas Supreme Court · 1875
12 more not listed; retrieve them via the Exa API.