Court of Civil Appeals of Texas, 1894

Kuykendall v. Coulter

Kuykendall v. Coulter
Court of Civil Appeals of Texas · Decided May 30, 1894 · Key
26 S.W. 748; 7 Tex. Civ. App. 399; 1894 Tex. App. LEXIS 320 (South Western Reporter)

Kuykendall v. Coulter

Opinion of the Court

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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