Legal Opinion

Pfeuffer v. Strumpel

Texas Commission of Appeals

Decided September 15, 1882Published

Appeal from the District Court of Comal county Appellee instituted this suit against appellant August 21, 1875. to enjoin Mm from trespassing upon and controlling, managing and. operating certain mill property belonging to the estate of Victor Boehme, deceased.

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Appeal from the District Court of Comal county Appellee instituted this suit against appellant August 21, 1875. to enjoin Mm from trespassing upon and controlling, managing and. operating certain mill property belonging to the estate of Victor Boehme, deceased. Henriette Boehme, who bad been appointed temporary administratrix of the estate, who, it seems, the clerk had attempted to remove, and who, it also appears, bad ceased to act as such, was also made a party defendant, but no particular recovery was sought or obtained. The case, as made, is, in substance, as follows: Appellee held a…

1Opinion of the CourtWatts, J.

Opinion by Owing to the fact that there is no as~ signment of errors in the record, the only thing for determination is as to whether there is any such error shown by the record as goes to the foundation of the plaintiff’s action. (Chevalier v. Whitaker, 8 Texas, 204; Ray v. Bremond, 22 Texas, 626; R. G. R. R. Co. v. Scanlan, 44 Texas, 649.)

Under the probate law then in force, the clerk of the district court was authorized and empowered to appoint, in vacation, permanent as well as temporary administrators. And a temporary administrator, when appointed, continued to act as such until the…

2Cases cited3 opinions

  1. Rio Grande Railroad v. ScanlanTexas Supreme Court · 1876
  2. Roy v. BremondTexas Supreme Court · 1858
  3. Chevallier v. WhitakerTexas Supreme Court · 1852

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