Legal Opinion

Tex. & Pac. R'y Co. v. Gill

Court of Appeals of Texas

Decided July 1, 1884No. 2963PublishedCited by 1 opinion

Appeal from. Fannin County.

1Opinion of the Court

Opinion by

Willson, J.

§ 175. Parties plaintiff; joinder of. It is well settled that if the right of action is in one person only, another cannot be joined with him as plaintiff. It is also settled, that one joint owner cannot alone maintain a suit to recover his individual interest in property destroyed. When the right of action'is joint, the suit must be brought by all who are entitled to redress. [Stachely v. Pierce, 28 Tex. 328; Sayles & Bassett’s Pl. & Pr. § 278; W. & W. Con. Rep. § 249; R'y Co. v. Hollingsworth, ante, p. 149.]

§ 17 0. Joint owners of crops on land rented by one to the…

2Cases cited2 opinions

  1. Harris v. . FrinkNew York Court of Appeals · 1872
  2. Stachely v. PeirceTexas Supreme Court · 1866

3Cited by1 opinion

  1. State v. HobbsSupreme Judicial Court of Maine · 1855

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