Laird v. Thomas
Texas Supreme Court
Error from Gonzales. Tried below before tbe Hon. Fielding Jones. Suit by defendant in error, against plaintiff in error, and her husband, L. E. Laird, upon the following promissory note: “ $406 53. Gonzales, January 1st, 1857. “ One day after date, we, or either of us, promise to pay “William Thomas, or order, four hundred and six and dol- “ lars, for value received, with interest at the fate of ten per “cent, per annum. L. E. Laird, H. C. Laird.”
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Error from Gonzales. Tried below before tbe Hon. Fielding Jones. Suit by defendant in error, against plaintiff in error, and her husband, L. E. Laird, upon the following promissory note: “ $406 53. Gonzales, January 1st, 1857. “ One day after date, we, or either of us, promise to pay “William Thomas, or order, four hundred and six and dol- “ lars, for value received, with interest at the fate of ten per “cent, per annum. L. E. Laird, H. C. Laird.” This note was alleged in the petition to have been given in consideration of goods and merchandise, purchased of petitioner by the said H. O.…
1Opinion of the CourtBell, J.
The court cannot indulge in any presumptions against the fairness and sufficiency of the acknowledgment of service, as it is signed by both husband and wife, and is sufficient, on its face, to authorize proceedings against them.
This court has gone far to protect the rights of married women, and to shield their separate property from waste, whenever the authority of the court has been invoked in a proper case. But this court cannot go to the romantic length of indulging the presumption, that a husband, in any case, will commit a fraud upon his wife, by bringing her into court without her…
2Cases cited2 opinions
- Hutchinson v. OwenTexas Supreme Court · 1857
- Brown v. EctorTexas Supreme Court · 1857
3Cited by16 opinions
- Sandoval v. RosserTexas Supreme Court · 1894
- Smith v. PegramCourt of Appeals of Texas · 1935
- Brennan v. GreeneCourt of Appeals of Texas · 1941
- Lessing v. Cunningham & HardeeTexas Supreme Court · 1881
- Duke v. GilbreathCourt of Appeals of Texas · 1928
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