Legal Opinion

Texas State Bank & Trust Co. v. St. John

Court of Appeals of Texas

Decided March 4, 1937No. 3512PublishedCited by 5 opinions

1Opinion of the CourtHiggins, Justice

(after stating the case as above).

Those assignments are overruled which question the authority of the temporary administratrix to maintain the suit. Articles 3373 and 3378, R. S., authorize the appointment of temporary administrators with such limited powers as the circumstances of the case may require. There is nothing in the statutes which expressly or impliedly deny the probate court the power to confer upon a temporary administrator power to institute and maintain suits in behalf of the estate. Such an administrator may institute and maintain such a suit if the court appointing him has so…

2Cases cited18 opinions

  1. Newton v. NewtonTexas Supreme Court · 1890
  2. James v. JamesTexas Supreme Court · 1891
  3. Callahan v. HoustonTexas Supreme Court · 1890
  4. Himes v. HimesCourt of Appeals of Texas · 1932
  5. Traders National Bank v. CressonCourt of Appeals of Texas · 1889

13 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Bryan v. Citizens National Bank in AbileneTexas Supreme Court · 1982
  2. Lawson v. Finance America Private Brands, Inc.Court of Appeals of Texas · 1976
  3. Traders & General Ins. Co. v. DiebelCourt of Appeals of Texas · 1945
  4. American Nat. Bank v. ReedCourt of Appeals of Texas · 1939
  5. Wells v. DavisCourt of Appeals of Texas · 1958

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