Legal Opinion

Perkins v. Wood

Texas Supreme Court

Decided February 24, 1885No. Case No. 2003PublishedCited by 14 opinions

Error from Harris. Tried below before the Hon. James Masterson. W. E. Wood, as the guardian of the minor, Hosmer W. Wood, commenced this suit in the county court September 6, 1883, against Edwin L. Perkins, executor of the independent will of his mother, Harilla Perkins, for the purpose of removing him from his position as executor, or of compelling him to execute a bond if the court declined to remove him.

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Error from Harris. Tried below before the Hon. James Masterson. W. E. Wood, as the guardian of the minor, Hosmer W. Wood, commenced this suit in the county court September 6, 1883, against Edwin L. Perkins, executor of the independent will of his mother, Harilla Perkins, for the purpose of removing him from his position as executor, or of compelling him to execute a bond if the court declined to remove him. Charges of mismanagement and misapplication of the estate were stated. The testatrix provided that no bond should be required of the executor, E. L. Perkins, and that the courts should…

1Opinion of the Court

Stayton, Associate Justice.

The citation, which issued from the county court, advised the plaintiff in error of the nature of the proceeding which he was called upon to answer, and this is all the statute requires. R. S., 1810. It was not necessary that the citation should state fully the grounds upon which relief was sought.

When the cause was transferred to the district court, on account of the disqualification of the county judge, it was not necessary to cite the plaintiff in error to appear in that court, nor was it necessary to give notice to him of the motion to transfer the cause. Of…

2Cases cited1 opinion

  1. Jerrard v. McKenzieTexas Supreme Court · 1884

3Cited by14 opinions

  1. Roy v. WhitakerTexas Supreme Court · 1898
  2. Cocke v. SmithTexas Supreme Court · 1944
  3. O'Connor v. O'ConnorCourt of Appeals of Texas · 1959
  4. Bell v. StillCourt of Appeals of Texas · 1965
  5. Edsall v. HutchingsCourt of Appeals of Texas · 1940

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