Smallwood v. Boyd

CLAY, Commissioner.

Appellee, as administratrix of the estate of Cecil Smallwood, brought this action against her father-in-law to recover an indebtedness of $1,130. The Court entered judgment as prayed.

In asking reversal, appellant first contends that appellee was not legally appointed as administrator. She filed a copy of her order of appointment, but the evidence indicates she had not filed a proper application in the County Court. We do not think the failure to comply strictly with the statute -makes the order of appointment void. Such being the case, it may not be collaterally attacked in…