Comstock v. Lomax
Court of Appeals of Texas
Appeal from District Gourt, El Paso County; A. M. Walthall, Judge. Certiorari by Melissa T. Comstock against Alice Lomax and others. Judgment for defendants. Plaintiff appeals. This case was here on appeal once before and remanded. Lomax v. Comstock, 60 Tex. Civ.
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Appeal from District Gourt, El Paso County; A. M. Walthall, Judge. Certiorari by Melissa T. Comstock against Alice Lomax and others. Judgment for defendants. Plaintiff appeals. This case was here on appeal once before and remanded. Lomax v. Comstock, 60 Tex. Civ. App. 340, 110 S. W. 762. It is a proceeding by certiorari in the district court to revise and set aside the proceedings of the county court concerning .the sale of certain land by the guardian of the estate of Melissa Comstock, a person non compos men-tis (who was afterwards declared sanq) to Alice Lomax, and to require the Rio…
1Opinion of the Court
JAMES, O. J.
(after stating the facts as above). The writ of certiorari to annul proceedings of the county court in probate matters is not a writ of right in the sense that the proceeding will be revised for errors as on appeal. Relief is only granted in such cases when it is made to appear that the proceeding is void, or that some substantial wrong and injustice to the estate has been done.
The first assignment of error complains of the refusal of the following peremptory instruction: “You are instructed to return a verdict in the plaintiff’s favor for the land ¡sued for, and yon will find for…
2Cases cited4 opinions
- Bahn v. StarckeTexas Supreme Court · 1896
- Kendrick v. Wheeler and BowmanTexas Supreme Court · 1892
- Clopper v. HutchesonCourt of Appeals of Texas · 1897
- Lomax v. ComstockCourt of Appeals of Texas · 1908
3Cited by17 opinions
- Tanton v. State National BankTexas Supreme Court · 1935
- Schwind v. GoodmanTexas Commission of Appeals · 1920
- Hidalgo County Water Control & Improvement District No. 1 v. BoysenCourt of Appeals of Texas · 1962
- Robertson v. National Spiritualists' Ass'n of the United StatesCourt of Appeals of Texas · 1929
- Tanton v. State Nat. Bank of El PasoCourt of Appeals of Texas · 1931
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