Kendall v. Riley
Texas Supreme Court
Appeal from Fort Bend. Tried below before Hon. Livingston Lindsay. W. 0. Riley brought suit, January 9,1872, against O. H. Kendall, administrator of the estate of Robert Flournoy, deceased, alleging that said estate was indebted to plaintiff in the sum of |l,586r9ff8ff, with interest since January 1,1868, setting out an account against “ Lampley and Flournoy.” Sworn to by plaintiff as “ claims against the estates of Lampley and Flournoy.”
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Appeal from Fort Bend. Tried below before Hon. Livingston Lindsay. W. 0. Riley brought suit, January 9,1872, against O. H. Kendall, administrator of the estate of Robert Flournoy, deceased, alleging that said estate was indebted to plaintiff in the sum of |l,586r9ff8ff, with interest since January 1,1868, setting out an account against “ Lampley and Flournoy.” Sworn to by plaintiff as “ claims against the estates of Lampley and Flournoy.” The account was indorsed by defendant Kendall, 29th October, 1871, as presented to Mm as administrator, “ as a claim against the estate of W. Lampley,” and…
1Opinion of the Court
Reeves, Associate Justice.
It appears from a recital in the judgment that the appellee was permitted by the court to file his amended petition of October 9, 1873, on payment of costs. Appellant complains of this ruling, because, as ho insists, there was no proper party before the court, and no legal amendment could be made.
The claim on which the suit was brought was presented to the administrator and rejected on the 29th October, 1871.
On the 9th day of January, 1872, the appellee Riley filed his suit to establish the rejected claim. In the original petition it is alleged that C. H. Kendall was…
2Cases cited2 opinions
- White v. TudorTexas Supreme Court · 1859
- Speake v. WhiteTexas Supreme Court · 1855
3Cited by8 opinions
- Dial v. MartinCourt of Appeals of Texas · 1931
- Tolbert v. McBrideCourt of Appeals of Texas · 1889
- Austin v. Jackson Trust & Savings BankCourt of Appeals of Texas · 1910
- Thompson v. SwearenginTexas Supreme Court · 1878
- Warnock v. MillsTexas Commission of Appeals · 1927
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