Urban v. Field

3 Citing cases

  1. Few v. Charter Oak Fire Insurance Co.

    463 S.W.2d 424 (Tex. 1971)   Cited 61 times
    In Few v. Charter Oak Fire Insurance Co., 463 S.W.2d 424, 427 (Tex. 1971), the Texas Supreme Court held that a wife could bring a suit to recover property considered to be her sole management community property without the joinder of her husband.

    It has been the law of Texas for more than a century that, except in limited situations, only the husband could bring suit for community recoveries arising out of a wife's loss of earning capacity. Roberts v. Magnolia Petroleum Co., 142 S.W.2d 315 (Tex.Civ.App. 1940, writ ref., ( 135 Tex. 289, 143 S.W.2d 79)); Loper v. Western U. Teleg. Co., 70 Tex. 689, 8 S.W. 600 (1888); Gallagher v. Bowie, 66 Tex. 265, 17 S.W. 407 (1886); Ezell v. Dodson, 60 Tex. 331 (1883); Murphy v. Coffey, supra; Firence Footwear Co. v. Campbell, 406 S.W.2d 516, 411 S.W.2d 636 (Tex.Civ.App. 1967, writ ref. n.r.e.); Urban v. Field, 137 S.W.2d 137 (Tex.Civ.App. 1940, no writ). Seventy years ago Judge Ocie Speer deplored the situation which recognized the wife's equality of ownership, yet denied that equality with respect to a wife's management of what she owned.

  2. Charter Oak Fire Insurance Co. v. Few

    456 S.W.2d 156 (Tex. Civ. App. 1970)   Cited 3 times
    In Charter Oak Fire Insurance Company v. Few, 456 S.W.2d 156, 160 (Tex.Civ.App. — Tyler 1970), rev'd on other grounds, 463 S.W.2d 424 (Tex. 1971), the court of appeals held that a husband had a community interest in his wife's compensation benefits when her injury and disability occurred during marriage.

    A pro forma party does not become a real party at interest in the litigation and he is deemed to have no recoverable interest in the subject matter of the suit. Rhodes v. Taliaferro, 119 S.W.2d 703, 705 (Tex.Civ.App., Ft. Worth, 1938, n.w.h.); Urban v. Field, 137 S.W.2d 137, 139 (Tex.Civ.App., San Antonio, 1940, n.w.h.); Roberts v. Magnolia Petroleum Co., 142 S.W.2d 315 (Tex.Civ.App., Beaumont, 1940, writ ref., 135 Tex. 289, 143 S.W.2d 79); Brown v. Jones, 134 S.W.2d 850, 852, (Tex.Civ.App., Amarillo, 1939, n.w.h.); Houston Gas and Fuel Co. v. Spradlin, 55 S.W.2d 1086 (Tex.Civ.App., Galveston, 1932, n.w.h.); Hill v. Kelsey, 89 S.W.2d 1017 (Tex.Civ.App., Dallas, 1935, writ dism.); Perkins v. Campbell, 63 S.W.2d 567 (Tex.Civ.App., Waco, 1933, n.w.h.); Speer's Marital Rights in Texas, Vol. 2, sec. 750, p. 576.

  3. Victory v. Schneider

    163 S.W.2d 724 (Tex. Civ. App. 1942)   Cited 1 times

    The appeal will be dismissed unless the appellants, on or before April 25, 1942, tender a record showing evidence of jurisdiction, together with a motion for leave to file the same as part of the record herein. 3 Tex.Jur. 757, par. 541; Urban v. Field et al., Tex. Civ. App. 137 S.W.2d 137. Supplemental Opinion.