Murphey v. Menard
Texas Supreme Court
Appeal from Liberty. This suit was brought by Murphey, as administrator de bonis non, against Menard, as the former administrator upon the estate of Lynch, to set aside the final settlement of his accounts as administrator, by the Probate Court, under the provision of Article 1230 of the Digest.
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Appeal from Liberty. This suit was brought by Murphey, as administrator de bonis non, against Menard, as the former administrator upon the estate of Lynch, to set aside the final settlement of his accounts as administrator, by the Probate Court, under the provision of Article 1230 of the Digest. The petition was filed in May, 1851. It states the appointment of the defendant as administrator in 1841. It charges him with having wasted and squandered the effects of the intestate, even before the grant of his letters of administration, and with maladministration generally. It states that in…
1Opinion of the CourtWheeler, J.
In support of the judgment of the Court on the demurrer, it is insisted for the appellee, that Article 1230 of the Digest, under which this proceeding was instituted, is in violation of Section 24 of the General Provisions of the Constitution, and void, because not within the object of the law as expressed in its title. This objection we do not think tenable. The 121st Section of the Act in question, does but provide another mode of proceeding to revise the judgments of the County Court. It does, in effect, but give an appeal from the judgment of that Court; and this it was competent for the…
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