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161 S.W. 45

Duller v. McNeill

Court of Appeals of Texas

Decided October 24, 1913

Court of Appeals of Texas · decided 1913-10-24

Relies on 49 Tex. Civ. App. 282 - Webb, Jr. v. Gregory · Randon v. Barton · McKellar v. Peck

Good law ✅— No negative treatment on recordhow we know

Decided 1913-10-24

How this case has been cited

Cited by 3 later decisions — most recently October 1941

3 state decisions

101913192019301940decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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REESE, J.

¶1 In a suit by W. A. McNeill against Carrie Nell Duller and her husband, McNeill recovered a judgment for money against both defendants, and foreclosing mortgage and vendor’s liens against certain real estate. From this judgment Mrs. Duller appeals. She gave a supersedeas bond signed by herself and several sureties. The bond is payable to McNeill and also against Duller, the husband. Appellee, McNeill, has filed a motion to dismiss the appeal on the ground that Mrs. Duller, being a married woman, cannot bind herself or her separate estate by the execution of such bond, and that it is void as to her.

¶2 It seems to be settled by a long line of decisions in this state that it is not necessary that such bond be signed by the principal. Shelton v. Wade, 4 Tex. 148, 51 Am. Dec. 722; Lindsay v. Price, 33 Tex. 280; McKellor v. Peck, 39 Tex. 381; Bridges v. Cundiff, 45 Tex. 439; San Roman v. Watson, 54 Tex. 254; Palmer v. Spandenberg, 49 Tex. Civ. App. 331, 108 S. W. 478.

¶3 The motion is overruled.

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