Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 188
The following text was automatically extracted from the image on this page using optical character recognition software:
188 SoRREL ,. CLAYTON. [Term of
mitted to their determination whether the party giving the
word "go," and the persons chosen to judge the race had acted
in good faith, or fraudulently. It in effect substituted the decision
of parties selected to witness the race, and announce
their conclusion on the relative speed of the horses, in place of
that of the court and jury or to the due and legal execution of
a contract or agreement to run the race, and the rights of the
parties under it. Unless it has been alleged and proved that
there is some rule of the turf, which in some way entered into,
and became a part of the contract under which the race was
to be run, which authorized this, there is certainly nothing to
warrant such a proposition.
The judgment is reversed and the cause remanded.
Reversed and remanded.
MARTHA E. SORREL V. W. J. CLAYTON.
1. MARRIED WOMAN, WHEN NOT LIABLE. In 1864 the husband was a
soldier in the Confederate army, and absent from home; during his
absence his wife borrowed two thousand two hundred and four pounds
of ginned cotton, while engaged in managing their plantation for him,
agreeing to return it. In a suit against the wife for the value of the
1. That during the absence of the husband she was not in the legal
meaning of the term " living separate and apart from her husband,'
and was not in the transaction acting as a femme sole, so as to be individually
liable for the return of the cotton.
2. To render the separate property of the wife liable for the debt
it must have been shown that the debt was contracted by the wife, or
her authorized agent, for necessaries for herself and children, and
that they were reasonable and proper, in themselves, and that it was
necessary she should so make her separate estate liable.
2. SUBROGATTON. See facts in opinion held not sufficient to entitle one to
maintain a suit in his own name on a claim alleged by him to have
been paid for a third party.
APPEAL from Wharton. Tried below before the Hon W.
Here’s what’s next.
This book can be searched. Note: Results may vary based on the legibility of text within the document.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Book.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/196/: accessed June 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .