Thomas v. Walsh, McClarty & Co.

Citations

• 44 Tex. 160

Syllabus

<p>1. Joinder of action.—It seems that it is improper to join in a suit on an account for goods sold, a proceeding against one to whom defendant had made an assignment of his property, charging (1) that such assignment was fraudulent, and (2) that it was made for the benefit of creditors, and asking the enforcement of the trust.</p> <p>2. Judgment by default.—It is error to render final judgment by default in such case and order execution, for want of an answer, for the amount of the account sued on against the assignee of the purchaser of such goods.</p> <p>3. Same.—In suit against a trustee for discovery and the enforcement of a trust, judgment by default cannot be rendered for a sum certain in favor of one of the creditors, in whose favor the trust was made, without answer and other necessary parties.</p>