Bremond v. Manley

Citations

• 31 Tex. 6

Syllabus

<p>Where S. instituted a suit against B., and pending the suit S. died, and his wife Elizabeth, as widow, petitioned to revive as the only heir; whereupon M. claimed the negotiable security declared upon as intervener, and upon consultation between the widow and the intervener the right was decided in favor of the intervener, and thereafter he prosecuted the suit in his own name. He obtained judgment against the defendant, who seems to have proved nothing at the trial. In the absence of a statement of facts there is no such error as the court can notice.</p> <p>If there was error as to the rightful ownership of the draft, that was a matter between the intervener and the widow, and she not having appealed, the court cannot see how the defendant, who was the acceptor, was prejudiced.</p>