Moke & Brother v. Brackett
Texas Supreme Court
Appeal from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. This suit was commenced by the appellees, Emily W. Brackett and Samuel S. Smith, on the 4th of June, 1860, to enjoin execution of a judgment in favor of appellants, originally rendered against Emily W. Brackett, as surviving wife of O. B. Brackett, deceased, for some $180, which judgment was affirmed on error in the Supreme Court against Mrs. Brackett and Smith, her surety on the…
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Appeal from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. This suit was commenced by the appellees, Emily W. Brackett and Samuel S. Smith, on the 4th of June, 1860, to enjoin execution of a judgment in favor of appellants, originally rendered against Emily W. Brackett, as surviving wife of O. B. Brackett, deceased, for some $180, which judgment was affirmed on error in the Supreme Court against Mrs. Brackett and Smith, her surety on the writ of error bond. While that case was pending in the Supreme Court, Mrs. Brackett was appointed administratrix of the…
1Opinion of the CourtCoke, J.
—After the death of O. B. Brackett and the filing of the inventory and appraisement of the community property in the county court, the appellee, E. W. Brackett, became the representative of the community, and liable as such to be sued for the community debts. (O. & W. Dig., 812, 816.)
Upon certain contingencies, named in article 814, the county court was authorized to grant administration, which authority is presumed to have been properly exercised in this case when E. W. Brackett was appointed administratrix.
On the opening of this administration, the power of control, management, and…
2Cases cited4 opinions
- Thouvenin v. RodriguesTexas Supreme Court · 1859
- Grassmeyer v. BeesonTexas Supreme Court · 1857
- Mills v. AlexanderTexas Supreme Court · 1858
- Martel v. HernsheimTexas Supreme Court · 1852
3Cited by18 opinions
- Sanders v. StateIndiana Supreme Court · 1882
- Milam County v. RobertsonTexas Supreme Court · 1877
- Lovejoy v. CockrellTexas Commission of Appeals · 1933
- Barbour v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1937
- Pullen v. BakerTexas Supreme Court · 1874
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