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Duller v. McNeill

Court of Civil Appeals of Texas, Galveston
Oct 24, 1913
161 S.W. 45 (Tex. Civ. App. 1913)

Opinion

October 24, 1913.

Appeal from District Court, Harris County; Wm. Masterson, Judge.

Suit by W. A. McNeill against Carrie Nell Duller and husband. From a judgment for plaintiff, defendant wife appeals, and plaintiff moves to dismiss the appeal. Motion overruled.

Baldwin Baldwin, of Houston, for appellant.


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.

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.

The motion is overruled.


Summaries of

Duller v. McNeill

Court of Civil Appeals of Texas, Galveston
Oct 24, 1913
161 S.W. 45 (Tex. Civ. App. 1913)
Case details for

Duller v. McNeill

Case Details

Full title:DULLER v. McNEILL

Court:Court of Civil Appeals of Texas, Galveston

Date published: Oct 24, 1913

Citations

161 S.W. 45 (Tex. Civ. App. 1913)

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