Bailey v. Hix

Citations

• 49 Tex. 536

Syllabus

<p>1. Damages—Widow not responsible unless assets had.—Pending a suit for damages, the husband, who was a defendant, died; the widow was made a party, and there was no allegation or evidence tliat tlie widow had participated in the act for which suit had been brought; nor evidence that she had received any property from the estate of her husband, or that there was any community property : Held, That a judgment against the widow could not be sustained on such facts.</p> <p>2. Contradictory testimony—Evidence.—Where the testimony to plaintiff’s case is confined to his own testimony, and it is evasive and contradictory, his action cannot be maintained.</p>