Gaston v. Boyd

Moore, Chief Justice.

The demand upon which this suit is prosecuted was presented to appellant for allowance as a valid claim against the estate of which he is the administrator on September 4, 1871, and was by him on said day rejected. This, as was decided by the court when the case was before it on a former appeal, (Gaston v. McKnight, 43 Tex., 619,) put-in operation the limitation of ninety days allowed by law for instituting suit upon it. (Paschal’s Dig., art. 5659.) As suit was not commenced within ninety days from the rejection of the claim, but near two years thereafter on a subsequent…