Morrison v. Hodges
Texas Supreme Court
Error from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. Hodges, who was the guardian of the minor children of Virginia and Calpurnia Jones, heirs of A. Jones, deceased, sued Wesley Morrison, James G. Wilson, and Asa C. Hill. • The citation described “Hodges, administrator” of A. Jones, deceased. The judgment was by default, and was in favor of “Hodges, administrator, as aforesaid.” The error-bond is payable to “Hodges, administrator.”
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Error from Gonzales. The case was tried before Hon. Fielding Jones, one of the district judges. Hodges, who was the guardian of the minor children of Virginia and Calpurnia Jones, heirs of A. Jones, deceased, sued Wesley Morrison, James G. Wilson, and Asa C. Hill. • The citation described “Hodges, administrator” of A. Jones, deceased. The judgment was by default, and was in favor of “Hodges, administrator, as aforesaid.” The error-bond is payable to “Hodges, administrator.” The petition for a writ of error speaks of the assignment of errors filed, but none appears in the record.
1Opinion of the CourtBell, J.
—The plaintiff describes himself, in the petition, as the guardian of the minor children, Virginia and Calpurnia Jones. The note sued on describes him as the “guardian of the minor children of A. Jones, deceased.” He is also described as guardian in the citation. But the *177judgment is rendered in Ms favor, naming Mm as J. J. Hodges, administrator, as aforesaid.” -He had nowhere before been called administrator, excejpt in the statement of the cause preliminary to the entry of judgment. He is called “ administrator ” in the bond for error and in the citation in error. ■
Although all this exhibits…
2Cited by2 opinions
- State Nat. Bank of Bonham v. HesterCourt of Appeals of Texas · 1928
- Abney v. Citizens' Nat. Bank of HillsboroCourt of Appeals of Texas · 1912