Legal Opinion

Porter v. Sweeney

Texas Supreme Court

Decided February 27, 1884No. Case No. 1755PublishedCited by 23 opinions

Appeal from Brazoria. Tried "below before the Hon. Wm. H. Bnrlrhart. Suit commenced by a petition to the judge of the eighteenth judicial district in chambers, for a certiorari to the county court of Brazoria county for the purpose of revising and correcting the proceedings of said county court in the matter of the estate of O. S. Bennett, deceased, in relation to the classification and payment of the claims against said estate held by the appellants, and that of the…

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Appeal from Brazoria. Tried "below before the Hon. Wm. H. Bnrlrhart. Suit commenced by a petition to the judge of the eighteenth judicial district in chambers, for a certiorari to the county court of Brazoria county for the purpose of revising and correcting the proceedings of said county court in the matter of the estate of O. S. Bennett, deceased, in relation to the classification and payment of the claims against said estate held by the appellants, and that of the appellee A. L. Armstrong. The writ of certiorari was granted by the judge, and the bonds required by his fiat filed and…

1Opinion of the Court

Stayton, Associate Justice.—

The appellants in their petition for certiorari alleged that their claims against the estate of C. S. Bennett -were claims of the first class and that they had been so properly established and ranked.

They also alleged that A. L. Armstrong had obtained a judgment in the county court for civil business upon a claim which had been rejected by the administrator, and that in the judgment rendered in that case it was provided that the administrator should pay over the money in his hands in satisfaction of that judgment, which evidenced a "claim of the third class against…

2Cases cited1 opinion

  1. Martin v. MartinCourt of Appeals of Maryland · 1855

3Cited by23 opinions

  1. Caruthers v. LeonardTexas Commission of Appeals · 1923
  2. Dearborn Stove Co. v. CaplesTexas Supreme Court · 1951
  3. Hearne v. LewisTexas Supreme Court · 1890
  4. Watson v. PennIndiana Supreme Court · 1886
  5. Price v. SmithCourt of Appeals of Texas · 1937

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