Legal Opinion

Barton v. Nix

Texas Supreme Court

Decided July 1, 1857PublishedCited by 1 opinion

Error from Caldwell. Tried below before the Hon. Thomas H. DuVal. Suit by Jonathan Nix, receiver, &e., against Kimbro W. Barton, on an open account, for balance of $273 37, commenced 20th February, 1855. April 24th, 1856, the plaintiff filed an amendment to the petition, alleging the death of the defendant on or about the first of April, 1855; the continuance of the cause at the Spring Term, 1855, for the want of parties defendant, with an order for a scire facias to the…

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Error from Caldwell. Tried below before the Hon. Thomas H. DuVal. Suit by Jonathan Nix, receiver, &e., against Kimbro W. Barton, on an open account, for balance of $273 37, commenced 20th February, 1855. April 24th, 1856, the plaintiff filed an amendment to the petition, alleging the death of the defendant on or about the first of April, 1855; the continuance of the cause at the Spring Term, 1855, for the want of parties defendant, with an order for a scire facias to the legal representatives of said Barton; an agreement as follows, which was filed as part of said amendment:—

1Opinion of the Court

Hemphill, Ch. J.

Kimbro W. Barton, having been sued by the defendant in error, Jonathan Nix, departed this life before service of process. The cause was continued at the first Term, and sci. fa. ordered to the legal representatives of the deceased.

During the vacation the plaintiffs in error, sole heirs at law of deceased, being desirous to close up the estate without administration, agreed in writing under seal, in consideration that the attorneys for plaintiff would not compel administration, that they would at the next Term of the Court make themselves parties defendants, and in default…

2Cited by1 opinion

  1. Battle v. EddyTexas Supreme Court · 1868

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