City of Austin v. Estate of Aguilar

PHILLIPS, Chief Justice.

The question for decision is whether the requirement of Tex.Prob.Code Ann. § 304 (1955), that the claim of a corporation be authenticated by “the cashier, treasurer or managing official,” is mandatory so that failure to comply therewith renders the claim a nullity or whether such error is one of form that can be waived.

The City of Austin, appellant here and plaintiff below, filed suit on a claim for hospital services rendered which had been rejected by the administratrix of the estate of Victoria 0. Aguilar, appellee here and defendant below. In presenting the claim,…