Kuykendall v. Coulter

Court of Appeals of Texas

Kuykendall v. Coulter

26 S.W. 748, 7 Tex. Civ. App. 399, 1894 Tex. App. LEXIS 320

CourtCourt of Appeals of Texas

DecidedMay 30, 1894

DocketNo. 888.

StatusPublished

Cited by9 cases

This text of 26 S.W. 748 (Kuykendall v. Coulter) 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.

Bluebook

Kuykendall v. Coulter, 26 S.W. 748, 7 Tex. Civ. App. 399, 1894 Tex. App. LEXIS 320 (Tex. Ct. App. 1894).

Pincite

Opinion

KEY, Associate Justice.

But one question is presented in this case. The note sued on was a joint but not a several obligation; the court rendered a joint and several judgment. Because the judgment is several as well as joint, it is charged that reversible error exists.

Though an obligation may be joint and not several, if a separate suit can be maintained against each obligor, then it is proper to render a several judgment, whether one or all be sued. Black on Judg., sec. 210.

*400 Delivered May 30, 1894.

Article 1256, Revised Statutes, as construed in Forbes v. Davis, 18 Texas, 274, and Wooters v. Smith, 56 Texas, 198, authorizes a separate suit and a separate judgment against persons jointly though not severally bound. Of course, if it is proper to render a several judgment on such an obligation, therefore, when more than one obligor is sued, it is proper to render a joint and several judgment.

We find no error in the record, and affirm the judgment.

Affirmed.

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