Cronin v. Gay
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. On the 14th of September, 1857, appellants filed a petition in the form of an original suit, alleging that at the Spring Term, 1857, of said Court, they had obtained judgment against one Joseph F. Gay, a resident of said county, for $2339 10 ; that execution was issued and levied on two negroes, Ada and Pamila, appraised by the Sheriff at $1500 ; that James L. Gay, a resident of Fayette county claimed said…
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. On the 14th of September, 1857, appellants filed a petition in the form of an original suit, alleging that at the Spring Term, 1857, of said Court, they had obtained judgment against one Joseph F. Gay, a resident of said county, for $2339 10 ; that execution was issued and levied on two negroes, Ada and Pamila, appraised by the Sheriff at $1500 ; that James L. Gay, a resident of Fayette county claimed said slaves as the trustee of said Joseph F. Gay, and that suit is now pending in said Court for the trial of the right of said…
1Opinion of the CourtRoberts, J.
The Court did not err in dismissing the suit, either with or without a motion or demurrer by appellees: because neither the original nor amended petition contained a cause of action. The proceeding is anomalous. It does not adopt and pursue the remedy of garnishment, though it is somewhat analogous thereto.
As an equitable proceeding to make discovery of, and subject the trust fund to the payment of debts, it is defective in not making the cestui que trust a party, and in stating the facts of the transaction in such manner as to enable the Court to determine that the fund is liable for this…
2Cited by13 opinions
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- Hoffman v. Cleburne Building & Loan Ass'nTexas Supreme Court · 1893
- Love v. KeowneTexas Supreme Court · 1882
- Cargill & Dennis v. Kountze Bros.Texas Supreme Court · 1894
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