Tolivar v. Lombardo

WALKER, Chief Justice.

On the 9th day of January, 1935, in county court of Jefferson county at law, appellee, Tom Lombardo, as plaintiff, was awarded judgment by default against “F. F. Toliver, temporary administrator of the estate of C.. R..Toliver,” for the sum of $550.52, with interest at 8 per cent, per annum from date of judgment.

This judgment is erroneous in the following particulars:

First, appellee’s petition alleged that F. F. Tolivar was “the duly qualified and acting temporary administrator, of the estate of C. R. Toliver deceased”; there was no allegation of the extent of the powers…