Simmang v. Cheney
Court of Appeals of Texas
Error to District Court, Bexar County; A. W. Seeligson, Judge. Action between Frank Simmang and George P. Cheney and others. From a judgment in favor of the latter, Simmang brings error.
1Opinion of the CourtMoursund, J.
A motion has been made to dismiss the writ of error, on the ground that the writ of error supersedeas bond is payable solely to George P. Cheney, and that at the time said bond was executed and filed Cheney was dead, as was shown at the time by sworn statement of his death, made by his widow, Sarah Cheney, to which is attached a copy of letters testamentary issued to her as independent executrix of his will, on file among the papers of the cause, as provided by article 3720, Revised Statutes 1911.
[1] While said sworn statement was' filed August 29, 1912, and an order of sale issued, yet in…
2Cases cited6 opinions
- Dial v. RectorTexas Supreme Court · 1854
- Western Union Telegraph Co. v. WoffordCourt of Appeals of Texas · 1903
- Smith & Williams v. ParksTexas Supreme Court · 1881
- Johnson v. RobesonTexas Supreme Court · 1864
- Blakey v. PerryCourt of Appeals of Texas · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Smith v. HengerTexas Supreme Court · 1950
- Saner-Ragley Lumber Co. v. SpiveyCourt of Appeals of Texas · 1921