San Antonio Street Railway Co. v. Helm

Citations

• 64 Tex. 147

Syllabus

<p>1. Charge oe court — Practice.— When the statement of the cause of action and of the nature of the defense, made by the court below, was not full, and appellant did not ask for a charge giving a fuller statement, he cannot complain for the first time after appeal.</p> <p>2. Misjoinder oe parties. — In actions to recover money which will be community property when realized, the wife is not ordinarily a necessary or proper party.</p> <p>3. Same. — A judgment will not be reversed for every erroneous ruling, but only when the opposite party is injured by such ruling. Appellant cannot be injured by the erroneous ruling of the court in this case, since a judgment in favor of husband and wife is a bar to any subsequent claim set up by either. If exceptions be taken in the court below, based on the misjoinder of husband and wife as plaintiffs, when the wife is not a necessary or proper party, and an injury be shown to defendant as a result thereof, the overruling of the exception would be cause for reversal.</p>