Legal Opinion

Threatt v. Johnson

Court of Appeals of Texas

Decided April 1, 1913PublishedCited by 18 opinions

Appeal from District Court, Hopkins County; R. L. Porter, Judge. Application of Mamie S. Johnson and another for their appointment as guardian of minor children, presented after the appointment of J. F. Threatt as guardian. From a judgment of the district court appointing Mamie S. Johnson and another guardian of one of the children and J. F. Threatt guardian of the other children, the latter appeals.

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Appeal from District Court, Hopkins County; R. L. Porter, Judge. Application of Mamie S. Johnson and another for their appointment as guardian of minor children, presented after the appointment of J. F. Threatt as guardian. From a judgment of the district court appointing Mamie S. Johnson and another guardian of one of the children and J. F. Threatt guardian of the other children, the latter appeals. In vacation of the court J. F. Threatt made application in writing to the county judge of Hopkins county to be appointed temporary guardian of the person and estate of the three minor Calvert…

1Opinion of the Court

Appellant contends, in his first and second assignments of error, that the terms of the statute in which this proceeding was had do not authorize a contest to the appointment of the permanent guardian to be filed and made at the second term of the court after notices are served, and the contest proceedings are therefore void. The contest by appellee was made and filed at the second, and not the first, term of the probate court after the date of the order of the judge, in vacation, appointing appellant temporary guardian of the person and estate of the minor that is concerned in this appeal.…

2Cited by18 opinions

  1. Burton v. McGuireCourt of Appeals of Texas · 1927
  2. Ortiz v. Gutierrez, Texas Court of Appeals, 4th District (San Antonio)1990
  3. Street v. J. I. Case Threshing MacH. Co.Court of Appeals of Texas · 1916
  4. Greenwood v. FurrCourt of Appeals of Texas · 1923
  5. Hannon v. HensonCourt of Appeals of Texas · 1928

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