Beversdorff v. Dienger
Court of Appeals of Texas
Appeal from District Court, Kendall County; R. IT. Burney, Judge, Proceedings by Joe Dienger for the probate of tbe will of Johanna Uile, deceased. From a judgment admitting the will to probate, Mary Beversdorff appeals.
1Opinion
On Motion for Rehearing.
FLY, J.
While the decision was made in a case of trespass to try title in Smithwick v. Kelly, heretofore cited, it was directly in regard to the absolute necessity of notice of appeal being given on appeal from a judgment in probate matters in the county court to the district court, and the Smithwick-Kelly Case has been approved by the Supreme Court in the case of Western Union Tel. Co. v. O’Keefe, 87 Tex. 423, 28 S. W. 945, in an opinion delivered by the then Chief Justice R. R. Gaines. In that case it was said: “Smithwick v. Kelly is also an authority in point. That…
2Cases cited2 opinions
- Western Union Telegraph Co. v. O'KeefeTexas Supreme Court · 1894
- Glenn v. Estates of KimbroughTexas Supreme Court · 1888