Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 64
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64 MARX & KEMPNER v. CALDWELL. [Austin Term,
stranger against him to defeat it in whole or in part. In such cases,
the trustee is in court for and on behalf of the beneficiaries; and they,
though not parties, are bound by the judgment, unless it is impeached
for fraud or collusion between him and the adverse party."
Here the trustees come within that principle, and it was not
necessary to make the stockholders parties to the suit.
It is in effect alleged that Stockdale was, at the filing of the suit,
acting as the executor of the last will of Mrs. Anderson. Under
that allegation, so far as Stockdale is concerned, appellant's right
to an account would not be barred by limitation.
Then it was error for the court to sustain the demurrer to and
dismiss the petition upon that ground.
Under our liberal system there is no valid objection to joining in
the same proceeding the executor and the trustees of the Land Company,
and thereby securing an adjudication of the whole matter in
one and the same proceeding. These matters are intimately connected
and all grow out of the matter of the estate.
The other matters are not so alleged as to require any consideration.
Our conclusion is that the court erred in the particulars indicated,
and that the judgment ought to be reversed and the cause remanded.
REVERSED AND REMANDED.
[Opinion adopted June 10, 1884.]
MARX & KEMPNER v. T. L. CALDWELL ET AL.
(Case No. 5167.)
1. STATEMENT OF FACTS -PRACTICE.- When there is nothing in the transcript
showing that a statement of facts, filed after the adjournment of the court
for the term, was filed under an order of court entered of record during
the term, no assignment of error referring to charges of the court can
be considered, unless the charges were so clearly against the law as to be
erroneous under any state of facts that could be possibly shown under the
pleadings in the case.
APPEAL from Young. Tried below before the Hon. B. F. Williams.
Finlay & Holmanz, for appellant.
Arnold, Glascow & Arnold, for appellee.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth28512/m1/86/: accessed March 29, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .