Finlay v. Merriman
Texas Supreme Court
Ebbob from Callioun. Tried below before the Hon. T. 0. Barden. Suit brought December, 1870, in the name of Theodore B. Green against George P. Finlay as executor of the last will of J. J. Holt, deceased, on an account for money received by Holt as guardian ad litem for the unknown heirs of Susan Green, deceased. January 30, 1872, Walter Merriman was suggested as administrator of Green, and cause continued for service.
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Ebbob from Callioun. Tried below before the Hon. T. 0. Barden. Suit brought December, 1870, in the name of Theodore B. Green against George P. Finlay as executor of the last will of J. J. Holt, deceased, on an account for money received by Holt as guardian ad litem for the unknown heirs of Susan Green, deceased. January 30, 1872, Walter Merriman was suggested as administrator of Green, and cause continued for service. In February, 1872, Merriman filed an amended petition, alleging that Theodore B. was the husband of Susan Green, deceased, and that her children were all dead, without issue,…
1Opinion of the Court
Walker, J,
The discussion of this case by counsel has taken a very wide range, and many interesting questions of law are raised upon the record. Most of these questions, however, have been decided in other cases by this court from time to time, and their redecision now is not considered necessary to the proper disposition of this-case.
The following points may be noticed :
1. Did the District Court err in sustaining plaintiff’s-exceptions t<5 defendant’s plea in abatement ?
2. Did the District Court err in sustaining exceptions of the plaintiff to defendant’s answer, and striking out the same,…
2Cases cited2 opinions
- Wiley v. PinsonTexas Supreme Court · 1859
- Pleasants v. DavidsonTexas Supreme Court · 1871
3Cited by2 opinions
- Dallas Tailors' Supply Co. v. GoenCourt of Appeals of Texas · 1930
- Groesbeck Cotton Oil & Compress Co. v. OliverCourt of Appeals of Texas · 1906