Legal Opinion

Carlisle v. Sommer

Texas Supreme Court

Decided February 15, 1884No. Case No. 1645PublishedCited by 7 opinions

Appeal from Washington. Tried below before the Hon. I. B. McFarland. Suit by appellant Carlisle against Sommer as garnishee.

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Appeal from Washington. Tried below before the Hon. I. B. McFarland. Suit by appellant Carlisle against Sommer as garnishee. The first assignment of error was as follows: “ The court erred in discharging the garnishee and in refusing to give the plaintiff judgment against him for the accrued interest on his note to Mrs. Randle, said judgment being based on an erroneous conclusion of law to the effect that, because the note was the separate property of Mrs. Randle, the interest thereon was also her separate property, and was therefore not subject to her husband’s debts.” The appellant Carlisle…

1Opinion of the Court

West, Associate Justice.—

It appears from the statement of facts and the conclusions of the court that the appellant, who had obtained a judgment against Mrs. Randle’s husband, had been endeavoring for some time before the garnishment proceeding now under consideration was instituted to force the wife to pay her husband’s debt with her separate property or its proceeds.

She had originally bargained the lands for which the $5,000 note of November 28, 1881, represented part of the purchase money, to *126the appellee for $15,000 cash, and appellee was about to pay for it that sum in cash, when, by…

2Cases cited2 opinions

  1. Braden v. GoseTexas Supreme Court · 1882
  2. Carr v. TuckerTexas Supreme Court · 1874

3Cited by7 opinions

  1. Moursund v. PriessTexas Supreme Court · 1892
  2. Blum v. LightTexas Supreme Court · 1891
  3. Lesage v. GateleyCourt of Appeals of Texas · 1956
  4. Scott v. SloanCourt of Appeals of Texas · 1893
  5. Maury v. McDonaldCourt of Appeals of Texas · 1909

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