Mills v. Mills
Texas Supreme Court
Error to the Court of Civil Appeals for the Fifth District, in an appeal from Hill County. J. H. T. Mills applied to the County Court of Hill County to have an instrument in writing admitted to probate as the will of Ella D. Mills. This was contested by Marshall Mills and others, who denied its genuineness, and appealed to the District Court from a judgment admitting it to probate.
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Error to the Court of Civil Appeals for the Fifth District, in an appeal from Hill County. J. H. T. Mills applied to the County Court of Hill County to have an instrument in writing admitted to probate as the will of Ella D. Mills. This was contested by Marshall Mills and others, who denied its genuineness, and appealed to the District Court from a judgment admitting it to probate. In the District Court the will so presented was reiected and probate thereof refused, on verdict of a jury, and J. H. T. Mills appealed to the Court of Civil Appeals. There the judgment of the District Court was…
1Opinion of the CourtChief Justice Phillips
In approving the report of the Commission of Appeals in this case, and in accord with its recommendation, we originally reversed the judgment of the Court of Civil Appeals and remanded the case to the District Court for further trial.
It has come to our attention that the Court of Civil Appeals in its disposiiton of the ease did not consider certain assignments of error presented by the appellant there relating to the admissibility of certain testimony, but reversed the judgment of the District Court upon another and independent ground.
The Supreme Court is without jurisdiction of the…
2Cited by15 opinions
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- McGuire v. City of DallasTexas Commission of Appeals · 1943
- McGuire v. City of DallasTexas Supreme Court · 1943
- Owen Development Company v. CalvertTexas Supreme Court · 1957
- Prince v. North State Bank of AmarilloCourt of Appeals of Texas · 1972
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