Alsup & Thompson v. Jordan

Citations

• 69 Tex. 300
• 6 S.W. 831
• 1887 Tex. LEXIS 822

Syllabus

<p>1. Practice — Evidence.—Evidence improperly excluded from the jury can. afford no ground for the reversal of the judgment, if, from an .examination of the entire case, it is manifest that it could not have affected the verdict if it had been admitted.</p> <p>S. Officer — Divorce.—A decree of divorce is not invalidated because rendered by a special district judge who, at the time the trial began, was the county judge of the county. Even if he be such an officer as is forbidden under the Constitution to hold another office, the acceptance and discharge of the duties of another office would operate an abandonment of the office to which he had formerly qualified.</p> <p>3. Limitation. — Limitation will not run during marriage against the right of the wife to recover damages for the wrongful seizure and forced sale of her property, protected from forced sale by statute. The fact that the right of a married woman to maintain such an action has been recognized by the courts, when necessary to enable her to protect herself against the action of her husband and others, affords no reason that she should be denied the benefit of a statute which permits her to sue after the marriage relation has been dissolved.</p> <p>4. Property Exempt from Forced Sale. — The statute exempting from forced sale “all household and kitchen furniture” embraces all necessary convenient or ornamental articles with which a household is equipped, and may include a piano used for the instruction of children in music. The Legislature did not intend to limit the exemption to such articles as are mere necessaries to a family.</p> <p>5. Articles Exempt from Forced Sale. — The existing statute places no limit on the value of the household and kitchen furniture which it declares shall be exempt from forced sale; former statutes did.</p> <p>6. Cases Reviewed and Distinguished. — Farmer v. Billings, 18 Wisconsin, 175, reviewed and distinguished.</p> <p>7. Exemptions from Forced Sale. — In determining the ex