Legal Opinion

Hirshfield v. Davis

Texas Supreme Court

Decided July 1, 1875PublishedCited by 9 opinions

Appeal from Travis. Tried below before the Hon. J. P. Richardson. This is an appeal from an order setting aside an administrator’s sale.

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Appeal from Travis. Tried below before the Hon. J. P. Richardson. This is an appeal from an order setting aside an administrator’s sale. J. V. Davis, the administrator of S. E. Mosely, applied for and obtained an order from the District Court doing probate business, for the sale of lots 5 and 6 in block 44, in the city of Austin, on the 7th day of February, 1874. On the 8th of July, 1874, the administrator reported to the- court that in compliance with the order of sale he had sold the property to appellant for the sum of §2,900 in gold. But he did not recommend the confirmation of the sale,…

1Opinion of the Court

Moore, Associate Justice.

The four hundred and twentieth section of the act regulating proceedings in the District Court in matters of probate says, “Any person who may consider himself aggrieved by any decision, order, or judgment of the court, or by any order of the judge thereof, may appeal to the Supreme Court as a matter of right, without bond.” Such appeal, however, will not suspend the decision, order, or judgment, except in the particular cases named, unless bond is given as provided in a subsequent section of the statute, (sec. 424.) This provision authorizing an appeal as a matter of…

2Cases cited1 opinion

  1. Searcy v. StateTexas Supreme Court · 1849

3Cited by9 opinions

  1. Kelley v. BarnhillTexas Supreme Court · 1945
  2. Jirou v. JirouCourt of Appeals of Texas · 1910
  3. T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
  4. Dakota Investment Co. v. SullivanNorth Dakota Supreme Court · 1900
  5. McCredie v. Dubuque Fire & Marine InsuranceSupreme Court of Oklahoma · 1915

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