Ramirez v. McClane
Texas Supreme Court
Error from Nueces. Tried below before the Hon. E. Dauherty. This suit was brought by Mrs. Candida Ramirez, as the surviving wife of her deceased husband, Miguel Ramirez, and as the guardian of her minor child Dolores, in the District Court of Nueces county, on October 14,1875, to revoke an order granting letters of administration to John McClane on the estate of her deceased husband; to vacate a judgment approving and allowing a claim in the sum of $2,000 in favor of F.…
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Error from Nueces. Tried below before the Hon. E. Dauherty. This suit was brought by Mrs. Candida Ramirez, as the surviving wife of her deceased husband, Miguel Ramirez, and as the guardian of her minor child Dolores, in the District Court of Nueces county, on October 14,1875, to revoke an order granting letters of administration to John McClane on the estate of her deceased husband; to vacate a judgment approving and allowing a claim in the sum of $2,000 in favor of F. Cummings and P. Nickels, and to enjoin McClane fi’om assuming to act as administrator. McClane, P. Nickels, and the…
1Opinion of the Court
Gould, Associate Justice.
At the time the petition in this ease was filed, the administration of estates pertained *600to the District Court, and the statute regulating administrations authorized the revision of any order on the probate side of the court by a suit in the nature of a bill of review commenced within two years thereafter. (Paschal’s Dig., arts. 5791, 5792.) The suit and the 'proceeding sought to be revised being in the same court, a petition for review was sufficient, on general demurrer, if it contained the substance of the order objected to, without setting it out in full or filing…
2Cases cited4 opinions
- Eccles v. DanielsTexas Supreme Court · 1856
- Newson v. ChrismanTexas Supreme Court · 1852
- Heffner v. BranderTexas Supreme Court · 1859
- Janson v. JacobsTexas Supreme Court · 1876
3Cited by2 opinions
- Young v. GrayTexas Supreme Court · 1883
- Ward's Heirs v. WardTexas Commission of Appeals · 1880