Battle v. Howard
Texas Supreme Court
Appeal from Fort Bend. Order in the County Court for payment to Howard, of an allowed and approved claim against the estate. Appeal by the administrator to the District Court without bond. Appeal dismissed for want of appeal bond. Appeal to this Court without bond.
1Opinion of the CourtWheeler, J.
The only question presented by the record is, whether it was necessary for the plaintiff, an administrator, appealing from the judgment of the Probate Court, rendered against the estate he represents, to give an appeal bond. And we are of opinion it was not. We do not think the provisions of the statute, relied on in support of the judgment of the Court in this case, (Hart. Dig. Art. 1232,) was intended to apply to the case of an administrator or executor appealing from a judgment against the estate of his testator or intestate. That provision was designed, we think, to give the right and…
2Cited by18 opinions
- Morford v. UngerSupreme Court of Iowa · 1859
- Stone v. BrownTexas Supreme Court · 1881
- Smithwick v. KellyTexas Supreme Court · 1891
- Fahey v. StateCourt of Appeals of Texas · 1889
- Beversdorff v. DiengerTexas Supreme Court · 1915
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