City of Houston v. Schrimpf

Citations

• 31 Tex. 667

Syllabus

<p>The 9th section of the common-law act of 20th January, 1840, reads thus: “ The husband may sue either alone or jointly with his wife for the recovery of any effects of the wife; and, in case he fail or neglect so to do, she may, by the authority of the court, sue for such effects in her name.” (Paschal’s Dig., Art. 4636, Note 1043.) In such a suit the husband must state the capacity in which he sues, whether it be in his own right, or for the separate property of his wife.</p> <p>Article 4636 must be construed in connection with article 1427, which requires the names of the parties and the cause of action to be stated. (Paschal’s Dig., Art. 1427, Note 536.)</p>