Ritz v. City of Austin

FISHER, Chief Justice.

Alfred B. Bitz, deceased, in his lifetime sued the city of Austin for damages for injuries received on account of a defective and improper street in said city, by the overturning of his wagon. Suit was instituted July, 1885. The case was, in the lifetime of Alfred B. Bitz, tried, and judgment had in his favor, the date of the judgment being March 20, 1886. The case was appealed to the Supreme Court upon a cost bond. Pending the appeal, Alfred B. Bitz, on July 17, 1886, died, and left a written will bequeathing all of his property, including this judgment, to his wife…