Ballard v. Murphy

Opinion by

Will-son, J.

§171. Witness fees; when suit for not maintainable; limitation of action for; amendment of pleading on appeal to county court. This action was instituted in justice’s court by appellee, Murphy, against appellant, as administratrix of the community estate of herself and her deceased husband, to recover the amount of certain witness fees accrued in a suit in which A. J. Ballard, the *242decedent, was plaintiff, and Erie Byrd was defendant, said fees aggregating $144.61. The suit, as originally instituted and prosecuted in the justice’s court, was upon an account embracing the…