TEXAS CONSOL. THEATRES v. PITTMAN

No. 8343.

93 F.2d 21 (1937)

TEXAS CONSOL. THEATRES, Inc., v. PITTMAN.

Circuit Court of Appeals, Fifth Circuit.

December 3, 1937.


Attorney(s) appearing for the Case

W. B. Handley and C. J. Shaeffer, both of Dallas, Tex., for appellant.

Thos. E. Hayden, Jr., of Abilene, Tex., for appellee.

Before SIBLEY and HOLMES, Circuit Judges, and STRUM, District Judge.


HOLMES, Circuit Judge.

This action was originally filed by S. H. Pittman and his wife, Ethel Pittman; but upon a plea of misjoinder by the appellant, alleging that the cause of action (if any existed) was community property which the husband alone was entitled to maintain, the petition, by leave of court, was amended so as to permit him to prosecute the suit solely in his name, both in his own behalf and as the representative of the community estate.

In accordance...

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