Gains v. Barr
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. Defendants in error brought this suit against plaintiffs in error and others to set aside and annul certain orders of sale, sales, and confirmations thereof, made by order of the probate court of Harris county, in the estate of Robert Barr, deceased, administered on by one Jacob De Cordova.
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Error from Harris. Tried below before the Hon. James Masterson. Defendants in error brought this suit against plaintiffs in error and others to set aside and annul certain orders of sale, sales, and confirmations thereof, made by order of the probate court of Harris county, in the estate of Robert Barr, deceased, administered on by one Jacob De Cordova. Defendants in error, claiming as the children and heirs of Robert Barr, deceased, alleged in substance that the.administration, and all the orders and proceedings therein had, were irregular and illegal; that the sales were procured and made…
1Opinion of the Court
Watt, J. Com. App.
It is claimed that the judgment is erroneous and void because the judge who rendered it was not qualified to sit in the cause. The constitution provides that “ no judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him by affinity or consanguinity, within such degree as may be prescribed by law.” The statute declares that no judge shall sit in any cause where either of the parties may be connected with him by affinity or consanguinity within the third degree.
From the motion presented by the defendants in error for…
2Cases cited4 opinions
- Chambers v. HodgesTexas Supreme Court · 1859
- Garrett v. GainesTexas Supreme Court · 1851
- Robertson v. JohnsonTexas Supreme Court · 1882
- Reliance Lumber Co. v. W. U. Telegraph Co.Texas Supreme Court · 1883
3Cited by22 opinions
- In re NevittCourt of Appeals for the Eighth Circuit · 1902
- Ogle v. StateCourt of Criminal Appeals of Texas · 1901
- Howell v. BuddCalifornia Supreme Court · 1891
- Berkey & Gay Furniture Co. v. Sherman Hotel Co.Texas Supreme Court · 1891
- Crook v. Newborg & SonSupreme Court of Alabama · 1899
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