San Roman v. Watson
Texas Supreme Court
Error from Oameron. Contest made by A. H. Watson as trustee, and Ida Baker Mallory as residuary legatee, joined by her husband, Robert Mallory, of New York, defendants in error, claiming to act by virtue of the will of Robert J. Lawlor, deceased, to the granting of letters of administration de bonis non, with the will annexed, of Lawlor, to F. San Roman, plaintiff in error.
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Error from Oameron. Contest made by A. H. Watson as trustee, and Ida Baker Mallory as residuary legatee, joined by her husband, Robert Mallory, of New York, defendants in error, claiming to act by virtue of the will of Robert J. Lawlor, deceased, to the granting of letters of administration de bonis non, with the will annexed, of Lawlor, to F. San Roman, plaintiff in error. In January, A. D. 1862, Lawlor, then a citizen and resident of the city of Brownsville, in the county of Cameron, state of Texas, died in the city of Sota la Marina, Mexico, leaving a will which was probated in the state…
1Opinion of the Court
Bonner, Associate Justice.
The first, second and third errors assigned by the plaintiff in error, and the propositions thereunder, may be stated substantially as follows:
“ That the court improperly overruled petitioner’s motion to dismiss the appeal from the county court to the district court, because what purported to be an appeal bond is not made payable to the county judge of Cameron county, the words, (county judge,’ as used in said bond, being merely descriptio persones, and that said bond is not made payable to the county judge, or his successors in office,” etc.
The fifth and sixth…
2Cases cited4 opinions
- White, Smith & Baldwin v. DownsTexas Supreme Court · 1874
- Lindsay v. PriceTexas Supreme Court · 1870
- McKellar v. PeckTexas Supreme Court · 1873
- Smith v. StateTexas Supreme Court · 1849
3Cited by11 opinions
- Empire State Surety Co. v. Carroll CountyCourt of Appeals for the Eighth Circuit · 1912
- Guaranty Trust Co. of New York v. KoehlerCourt of Appeals for the Eighth Circuit · 1912
- O'Brien v. NelsonCalifornia Supreme Court · 1913
- St. Louis Brewing Ass'n v. HayesCourt of Appeals for the Fifth Circuit · 1899
- Mitchell v. Hydraulic Building Stone Co.Court of Appeals of Texas · 1910
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