Ball, Hutchings & Co. v. Lowell
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On .the 16th of August, 1880, the appellee, Carrie Lowell, as the widow of H. Lowell, deceased, for herself and her two minor children, aged respectively nine and twelve years, filed her application in the county court of Galveston county, in the matter of the estate of H. Lowell, deceased, for an allowance in lieu of homestead and other exempted articles, alleging that they did not exist in' kind in the…
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. On .the 16th of August, 1880, the appellee, Carrie Lowell, as the widow of H. Lowell, deceased, for herself and her two minor children, aged respectively nine and twelve years, filed her application in the county court of Galveston county, in the matter of the estate of H. Lowell, deceased, for an allowance in lieu of homestead and other exempted articles, alleging that they did not exist in' kind in the estate; and also for one year’s support for herself and her children. On the 4th of October, the appellants, Ball, Hutchings…
1Opinion of the Court
Bonner, Associate Justice.
Appellee, Carrie C. Lowell, presents by cross-assignment of error the preliminary question, that the court below erred in not dismissing the appeal to the district court from the county court.
We do not think that the court erred in overruling the motion to dismiss the appeal to the district court. The statute made it the duty of the county clerk to make out and transmit to the clerk of the district court the transcript; and further provided, that if he could not, for want of time, do so to the first succeeding term, he should to the next term thereafter; showing that…
2Cited by11 opinions
- Callahan v. StoverCourt of Appeals of Texas · 1953
- Clift v. Kaufman & RungeTexas Supreme Court · 1883
- S.G. Gonzales v. Louisa M. De GonzalesTexas Supreme Court · 1925
- Miller v. MillerCourt of Appeals of Texas · 1950
- Elliott Lumber Co. v. MitchellCourt of Appeals of Texas · 1922
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