Jerrard v. McKenzie
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. Jo Abbott. Appellant, guardian of the minors Joseph Balch, S. B. Balch and Maggie Balch, brought this suit on the 10th of May, 1881, against appellee, defendant below, for the sum of $6,000, $2,000 for each of said wards. On the 3d of November, 1881, appellant filed his first amended original petition, and alleged in substance, among other things: 1st. That all the parties resided in Johnson county. 2d.
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Appeal from Johnson. Tried below before the Hon. Jo Abbott. Appellant, guardian of the minors Joseph Balch, S. B. Balch and Maggie Balch, brought this suit on the 10th of May, 1881, against appellee, defendant below, for the sum of $6,000, $2,000 for each of said wards. On the 3d of November, 1881, appellant filed his first amended original petition, and alleged in substance, among other things: 1st. That all the parties resided in Johnson county. 2d. That on the 21st of March, 1881, plaintiff was, by the county court of Johnson county, appointed guardian of the persons and estates of said…
1Opinion of the Court
Delany, J. Com. Apt.
This suit was dismissed in the court below because, in the opinion of the presiding judge, the district court had no jurisdiction. He thought that the proceeding should have been instituted in the probate court, and he indicates the plaintiff’s remedy by pointing to articles 1944 and 1945 of the Revised Statutes.
A brief history of these statutory provisions will enable us to give our views upon the subject.
*43Section 110 of the probate law of 1848 permitted a testator to appoint an independent executor. Hart. Dig., art. 1219. See, also, 1 Pasch. Dig., p. 335.
When the…
2Cases cited1 opinion
- Hogue v. SimsTexas Supreme Court · 1853
3Cited by21 opinions
- Cocke v. SmithTexas Supreme Court · 1944
- O'Connor v. O'ConnorCourt of Appeals of Texas · 1959
- Richardson v. McCloskeyCourt of Appeals of Texas · 1920
- Oldham v. KeatonCourt of Appeals of Texas · 1980
- Cocke v. NaumannCourt of Appeals of Texas · 1945
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