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: 242
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242 STEWART V. THE STATE. [Term of
Statement of the case.
JAMES STEWART V. THE STATE.
1. INTERVENOR-APPEAL. A judgment dismissing a petition of intervention
is not such a final judgment as will authorize an appeal by the intervenor,
before final judgment rendered in the court below on the matters
in issue between plaintiff and defendant. Were the practice different,
the remedy of intervention would cause a multiplicity of suits, instead
of preventing them, which is its main object.
2. BANK ACCOUNT. A bank account book, being a chose in action not
assignable by delivery, its delivering to a third party will not vest in
him dominion over the money it represents, nor authorize him to maintain
an action for it in his own name.
APPEAL from Hardin county. Tried below before the Hon.
vl. D. Priest, for appellant.
Geo. Clark, Attorney-General, for the State.
ROBERTS, C. J. This is a suit brought by the State in the District
Court to recover money collected by A. Brown and his
sureties, as administratorpro tern. of the estate of Jacob Luder
(who is alleged to have died without heirs), the sanie having
been distributed by said Brown without lawful authority. The
estate consisted of one thousand dollars, deposited by Luder in
the Bcwery Savings Bank of New York, the evidence of which
was in an account between the bank and Luder, contained in
what is called in the pleadings a "bank-book."
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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/m1/250/: accessed September 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .