Thomas v. Hill
Texas Supreme Court
— Appeal from Austin County. The appellant brought suit in the district court to the fall term, 1843, alleging that he administered on the estate of Benj. Thomas, deceased, and that, while acting as administrator, he paid debts of the estate to the amount of eleven hundred and forty-eight dollars; that he afterwards resigned the administration, and, that after his resignation, he presented his claim to the administrator de 'bonis non, who refused to allow it.
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— Appeal from Austin County. The appellant brought suit in the district court to the fall term, 1843, alleging that he administered on the estate of Benj. Thomas, deceased, and that, while acting as administrator, he paid debts of the estate to the amount of eleven hundred and forty-eight dollars; that he afterwards resigned the administration, and, that after his resignation, he presented his claim to the administrator de 'bonis non, who refused to allow it. At the first term the defendant answered by a general denial, and a plea in reconvention, in which he claimed to recover of the…
1Opinion of the Court
Mr. Justice "Wheeler,
after stating the facts, delivered the opinion of the court.
For the appellant it is insisted:
1. That the district court had not jurisdiction of the ease.
2. That the court erred in overruling the plaintiff’s exceptions to the defendant’s plea in reconvention; and in refusing the instruction asked by the plaintiff.
1. The jurisdiction of the district court was invoked in this case by both parties previous to the adoption of the state constitution. By the constitution of the republic, art. 4, sec. 8, it is provided that the district court shall have “ original jurisdiction in…
2Cases cited1 opinion
- Morton v. GordonTexas Supreme Court · 1841
3Cited by16 opinions
- Kreis v. KreisCourt of Appeals of Texas · 1931
- Scale v. TompkinsTexas Supreme Court · 1884
- Ex parte SpeckmanCourt of Criminal Appeals of Texas · 2017
- Nueces County v. GussettCourt of Appeals of Texas · 1919
- Becton v. AlexanderTexas Supreme Court · 1864
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