McIntosh v. Greenwood
Texas Supreme Court
Appeal from Guadalupe. Suit by the appellant against T. C. Greenwood, administrator of M. W. Lindsey, and another, on a judgment recovered in the State of Tennessee, May 14, 1854. The judgment was authenticated by the affidavit of the attorney who had conducted the suit for the plaintiff in Tennessee. It was rejected by the administrator in general terms. The transcript, with the affidavit, &c., endorsed, was made a part of the petition.
Read the full summary
Appeal from Guadalupe. Suit by the appellant against T. C. Greenwood, administrator of M. W. Lindsey, and another, on a judgment recovered in the State of Tennessee, May 14, 1854. The judgment was authenticated by the affidavit of the attorney who had conducted the suit for the plaintiff in Tennessee. It was rejected by the administrator in general terms. The transcript, with the affidavit, &c., endorsed, was made a part of the petition. Greenwood demurred on the ground that the claim had not been duly authenticated. Both defendants pleaded a general denial. A jury was waived. The Court gave…
1Opinion of the CourtWheeler, J.
It is not essential to the due presentation of a claim, to an administrator for allowance, under Article 1158 of the Digest, that the affidavit accompanying the claim be made by the owner. (Hansell v. Gregg, 7 Tex. R 223.)
The Court manifestly erred in rejecting the claim and giving judgment for the defendant, merely because the affidavit was not made by the party but by an attorney. The judgment must therefore be reversed ; and as a jury was waived and the case submitted to the Court, this Court will render such judgment as the Court below ought to have rendered. Had there been any plea,…
2Cited by3 opinions
- Stanley v. SchwalbySupreme Court of the United States · 1896
- Walters v. PrestidgeTexas Supreme Court · 1867
- Estate of Le Clerc, Superior Court of California, County of San Francisco1887