Hurt v. Horton
Texas Supreme Court
Error from San Augustine. The record shows that John Anderson and Mrs. Shaw were administrator and administratrix of the estate of T. J. Shaw; that Mrs. Shaw having died and Anderson having failed to make settlement, &c., was dismissed and that Alexander Horton was appointed administrator de bonis non of the estate of T. J. Shaw, deceased, at the September Term, 1846, of the San Augustine County Court; that Horton, to pay debts, procured an order and sold a certificate for…
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Error from San Augustine. The record shows that John Anderson and Mrs. Shaw were administrator and administratrix of the estate of T. J. Shaw; that Mrs. Shaw having died and Anderson having failed to make settlement, &c., was dismissed and that Alexander Horton was appointed administrator de bonis non of the estate of T. J. Shaw, deceased, at the September Term, 1846, of the San Augustine County Court; that Horton, to pay debts, procured an order and sold a certificate for one league and labor, headright of said T. J. Shaw, together with right of location, &c., thereunto attached, and that…
1Opinion of the Court
Hemphill, Ch. J.
The errors assigned are,
1st. In withdrawing the cause from the jury, without the consent of parties.
2nd. In trying the said cause, upon the record, without the hearing or consideration of any testimony outside of the record.
3rd. In affirming.the judgment of the Court below.
4th. In rendering judgment against plaintiff in error for the costs.
*287There is no foundation for the ground of error first assigned. It was on the plaintiff’s own motion that the .cause was withdrawn from the jury; and the action of the Court, sustaining his motion, is, as to him, no just cause of complaint.
In…
2Cited by6 opinions
- Guilford v. LoveTexas Supreme Court · 1878
- Frederick L. v. WillisTexas Supreme Court · 1882
- Paul v. WillisTexas Supreme Court · 1887
- Munger Oil & Cotton Co. v. BeckhamTexas Commission of Appeals · 1921
- National Surety Corp. v. JonesCourt of Appeals of Texas · 1941
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