Legal Opinion

Berger v. Kirby

Texas Supreme Court

Decided February 26, 1913No. 2285PublishedCited by 39 opinions

Error to the Court of Civil Appeals, Fifth District, in an appeal from Dallas County. Mary Berger sued Kirby, administrator, and others, and obtained writ of error on the affirmance, on her appeal, of a judgment for defendants.

1Opinion of the CourtChief Justice Brown

This suit was instituted by Mary Berger against James Smith, in .dividually and as administrator of the estate of A. Berger, deceased, and against M. D. Kirby, individually and as administratrix of the estate of M. W. Kirby, deceased, and against a number of other persons not necessary to mention, as the case depends upon the right of plaintiff as surviving wife of A. Berger to the property of said estate. A. Berger was a widower,—unless Mary Berger was his wife,—and died in Dallas, Texas, leaving as his heirs a brother and some other relatives whose names are unimportant. Decedent left a '…

2Cases cited2 opinions

  1. Cannon v. StockmonCalifornia Supreme Court · 1869
  2. Edelstein v. J.M. BrownTexas Supreme Court · 1907

3Cited by39 opinions

  1. Luvual v. Henke & Pillot, Division of the Kroger Co.Court of Appeals of Texas · 1963
  2. Jacquez v. StateCourt of Criminal Appeals of Texas · 1979
  3. Texas Reciprocal Ins. Ass'n v. StadlerTexas Commission of Appeals · 1942
  4. Texas Reciprocal Insurance v. StadlerTexas Supreme Court · 1942
  5. Drummond v. BensonCourt of Appeals of Texas · 1939

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