H. & T. C. R'y Co. v. Hollingsworth

Court of Appeals of Texas

H. & T. C. R'y Co. v. Hollingsworth

2 Wilson 149

CourtCourt of Appeals of Texas

DecidedApril 30, 1884

DocketNo. 3008

StatusPublished

Cited by2 cases

This text of 2 Wilson 149 (H. & T. C. R'y Co. v. Hollingsworth) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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H. & T. C. R'y Co. v. Hollingsworth, 2 Wilson 149 (Tex. Ct. App. 1884).

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Opinion

Opinion by

Hurt, J.

§ 173. Parties; who are necessary. Appellee sued appellant to recover damages alleged to have been done to his crops of corn, grass, etc., and to his fence, by fire communicated thereto through the negligence of appellant’s employees in operating its trains. It appeared in evidence that another person was a joint owner with appellee of some of the crops destroyed. Held, that appellee could not maintain the suit alone, without joining therein the other joint owner of the property. In an action to recover property, in case of a joint bailment, all of the joint owners must join as plaintiffs. Joint creditors must all join in an action to recover the debt. Joint owners of property destroyed or injured by a wrong-doer must join in an action to recover damages therefor. Those refusing to join in the action as plaintiffs should he made parties defendant. [Stachely v. Pierce, 28 Tex. 328; 6 Wait’s Act. & Def. p. 53, § 2; Bucknam v. Brett, 35 Barb. 596.]

Reversed and remanded.

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Opinion by

Hurt, J.

§ 173. Parties; who are necessary. Appellee sued appellant to recover damages alleged to have been done to his crops of corn, grass, etc., and to his fence, by fire communicated thereto through the negligence of appellant’s employees in operating its trains. It appeared in evidence that another person was a joint owner with appellee of some of the crops destroyed. Held, that appellee could not maintain the suit alone, without joining therein the other joint owner of the property. In an action to recover property, in case of a joint bailment, all of the joint owners must join as plaintiffs. Joint creditors must all join in an action to recover the debt. Joint owners of property destroyed or injured by a wrong-doer must join in an action to recover damages therefor. Those refusing to join in the action as plaintiffs should he made parties defendant. [Stachely v. Pierce, 28 Tex. 328; 6 Wait’s Act. & Def. p. 53, § 2; Bucknam v. Brett, 35 Barb. 596.]

Reversed and remanded.

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2 Wilson 149, Counsel Stack Legal Research, https://law.counselstack.com/opinion/h-t-c-ry-co-v-hollingsworth-texapp-1884.

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