Grayson v. Winnie
Texas Supreme Court
Appeal from Brazoria. This suit, to revive a judgment against defendant, was brought on the 5th October, 1850, by the appellants, as administrators of Benjamin S. Grayson, deceased. At the Fall Term, 1851, the removal of the plaintiffs as administrators was suggested, and the cause was continued from Term to Term to make parties.
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Appeal from Brazoria. This suit, to revive a judgment against defendant, was brought on the 5th October, 1850, by the appellants, as administrators of Benjamin S. Grayson, deceased. At the Fall Term, 1851, the removal of the plaintiffs as administrators was suggested, and the cause was continued from Term to Term to make parties. At the Spring Term, 1853, the appellants filed a supplemental petition, alleging, among others matters, that the estate of Benjamin S. Gray-son was closed, that they were discharged as administrators, that they were the sole heirs of the deceased, and they prayed…
1Opinion of the Court
Hemphill, Ch. J.
The questions in this case are,
1st. Can the heirs of a deceased, for the purpose of reviving a judgment, prosecute a suit which was commenced by administrators, the said administrators having been discharged from office.
2nd. Can this be done when they admit that such revivor will be not for their own, but for the benefit of a third party who is the real owner of the original cause of action.
The 38th Section (Art. 697) of the Act to regulate proceedings in the District Courts declares, in effect, that if a plaintiff, in a suit where the cause of action survives, dies before…
2Cases cited2 opinions
- Thompson v. CartwrightTexas Supreme Court · 1846
- McMillan v. CroftTexas Supreme Court · 1847
3Cited by4 opinions
- Allen v. StovallTexas Supreme Court · 1901
- Hudson v. MorrissTexas Supreme Court · 1881
- City of San Antonio v. ReedCourt of Appeals of Texas · 1917
- Hermann v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1924