Opinion
No. 6516.
Decided February 19, 1936.
Pleading.
In passing on the sufficiency of the plaintiff's petition under the general demurrers interposed by the defendant, facts averred in separate answer by co-defendants should not be considered.
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Hidalgo County.
Suit by W. H. Sheppard against T. C. Gill and others for false arrest and imprisonment, to which defendants answered by special exceptions, general demurrers, by pleas of misjoinder of parties, of cause of action, and by special answers on the merits. Trial court sustained the pleas of misjoinder and special exceptions and, upon plaintiff's refusal to amend, dismissed the case. This judgment was reversed and remanded by the Court of Civil Appeals ( 58 S.W.2d 168), and plaintiff has brought error to the Supreme Court.
The case was referred to the Commission of Appeals, Section A, for their opinion thereon and the Supreme Court adopted same and ordered judgment entered in accordance therewith.
Judgment of Court of Civil Appeals affirmed.
Cunningham Rabel, of Harlingen, and Kennedy Smith, of Edinburg, for plaintiff in error.
Brown Bader, Bryce Ferguson, D. W. Glasscock, Rogers Kelley, Strickland, Sewers Wilkins, all of Mission, for defendants in error.
After due consideration of the opinion filed in this case by the Court of Civil Appeals ( 58 S.W.2d 168), said opinion is approved. The plaintiff in error contends that said court, in passing on the sufficiency of the plaintiff's petition under the general demurrer interposed by defendants in error, Gill, and the surety on his official bond, should have taken into consideration fact averments contained in the separate answer filed by the codefendants of Gill and his surety. The contention is overruled. Gill and his surety are in no wise bound by any of the fact averments contained in the answer of their codefendants. The judgment of the Court of Civil Appeals, reversing the trial court's judgment and remanding the cause, is affirmed.
Opinion adopted by the Supreme Court February 19, 1936.