Trimble v. Miller

Decided July 1, 1859

Texas Supreme Court · decided 1859-07-01

Error from Caldwell. Tried below before the Hon. Alexander W. Terrell. This suit was brought by G. W. Miller, against M. Trimble, and his wife, Mary W. Trimble, on a note of $285, signed by the defendants, and one Alfred Johnson, which was set out in the petition, and expressed on its face the consideration for which it was given.

Good law ✅— No negative treatment on recordhow we know

Decided 1859-07-01

How this case has been cited

Cited by 21 later decisions — most recently May 1960

21 state decisions

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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Roberts, J.

¶1This is a suit against husband and wife, on a note jointly executed by them, for the hire of a negro. Process was served and judgment by default taken, in the usual form of a general recovery of the principal and interest of the note.

¶2There is no valid cause of action stated in the petition against the wife. (Kavanaugh v. Brown, 1 Texas Rep. 481.) The petition does not disclose that the debt was contracted for the benefit of the wife’s separate property, or any other fact that would authorize a judgment against her. Judgment reversed and the cause remanded.

¶3Reversed and remanded.