Siese v. Malsch

Citations

• 54 Tex. 355
• 1881 Tex. LEXIS 31

Syllabus

<p>1. Judgment.—Suit was brought against the husband and wife jointly on two notes; one executed by the wife before marriage, the other by the husband alone. With no suggestion of the death of the wife, scire facias was issued by the clerk to make her legal representatives parties; the cause proceeded to trial, and judgment was rendered against the husband alone, with execution authorized against the estate of his “ deceased ” wife in the hands of the husband. Held—</p> <p>1. The judgment against the separate property of the wife in the hands of the husband was error.</p> <p>2. The fact that the record disclosed that scire facias had been issued and served on certain parties, as being the heirs of the deceased wife, did not bring them before the court, unless based on a suggestion of record of the wife’s death.</p> <p>3. Price v. Wiley, 19 Tex., approved.</p> <p>4. The husband was not liable for the debt of the wife contracted before marriage.</p>