Dean v. Duffield
Texas Supreme Court
Appeal from San Augustine. The appellant brought suit against the appel-lees on the IStli day of March, 1851, on a joint and several promissory note made by the defendant Duffield and tho intestate Horton. The petition alleged tlie presentation of the claim, duly authenticated, to the administrator, Alexander Horton, who refused to allow it, on the 9th day of January, 1851. The administrators demurred.
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Appeal from San Augustine. The appellant brought suit against the appel-lees on the IStli day of March, 1851, on a joint and several promissory note made by the defendant Duffield and tho intestate Horton. The petition alleged tlie presentation of the claim, duly authenticated, to the administrator, Alexander Horton, who refused to allow it, on the 9th day of January, 1851. The administrators demurred. Their demurrer was sustained and the case dismissed, and the plaintiff appealed.
1Opinion of the CourtIViieedeb, J.
It does not appear by the record on what ground the demurrer lo the petition was sustained. 'The objections now urged to its sufficiency arc that it docs not sufficiently appear that the claim was properly authenticated when presented to the administrator for allowance; that suit does not appear to have been brought within three months from the date o'f the rejection of the claim, and that the claim is alleged to have been presented to and rejected by one only of the joint administrators.
Tito averment of the presentation of the claim to the administrator was sufficient. There was no necessity…
2Cited by10 opinions
- Miller v. SullivanTexas Supreme Court · 1896
- Willis v. FarleyCalifornia Supreme Court · 1864
- Highland v. Empire National Bank of ClarksburgWest Virginia Supreme Court · 1933
- Gilmore v. H. W. Baker Co.Washington Supreme Court · 1895
- Tinkham v. WrightCourt of Appeals of Texas · 1914
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