Opinion
No. B-917.
June 19, 1968. Rehearing Denied October 2, 1968.
Appeal from the Second Judicial District Court, Nacogdoches County, J. W. Summers, J.
R. W. Fairchild, Nacogdoches, for petitioner.
Perkins Perkins, Lufkin, for respondent.
The court of civil appeals reversed the judgment of the trial court and remanded the cause for trial by reason of the nonjoinder of a necessary party. 426 S.W.2d 606. The court of civil appeals says in its opinion, that the absence of the party presented a case of fundamental error. The case did not present a problem of fundamental error. In the course of the trial, the defendant discovered that the plaintiff was a married woman. It then filed a motion for mistrial, a plea in abatement, and a motion for new trial and urged in each of them the plaintiff's failure to make her husband a party. Defendant assigned the error by a point in the court of civil appeals.
The application for writ of error is refused, no reversible error. Rule 483 Texas Rules of Civil Procedure.