Grant v. Whittlesey

Citations

• 42 Tex. 320

Syllabus

<p>1. Judgment. When a debt is incurred for the protection of the separate property of the wife, to secure which a note is executed voluntarily by the wife jointly with her husband, judgment may be rendered on the note directing execution to be levied on the community property, or on her separate property, at the option of the plaintiff.</p> <p>8. Practice. Though a demurrer on which no action is invoked is in general considered as waived, and a defective plea is cured by verdict, yet when a petition is fatally defective, and fails to state a cause of action, the fact that defendant did not rely on his demurrer will not prevent him from availing himself of such defect on appeal or writ of error.</p>