Blair v. Gay
Texas Supreme Court
Error from Be Witt. -Tried below -before tbe Hon. Wesley Ogden. Blair was guardian of Morrison, a lunatic.. Morrison having died, Gay and wife became administrator and administratrix of his estate.
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Error from Be Witt. -Tried below -before tbe Hon. Wesley Ogden. Blair was guardian of Morrison, a lunatic.. Morrison having died, Gay and wife became administrator and administratrix of his estate. They filed their petition in tbe county court against Blair for a final settlement of his accounts as guardian; and herein such proceedings were had, Blair not answering to tbe merits, that a decree was rendered by the county court in November, 1867, against Blair, declaring him indebted- to tbe estate of bis late ward in the sum of four hundred and fifty-seven and fifteen-one-hundredth dollars,…
1Opinion of the CourtMorrill, C. J.
The only matter for adjudication in this case is, whether a defendant in a suit in the district court, based upon a judgment rendered against him in the county court, upon final settlement as a guardian of the property of a lunatic, at the instance of the same plaintiffs, can set up as a defense, within two-years after the rendition thereof, errors in the judgment so rendered.
There is no question hut that the defendant could, by cei'tiorari, have the the. judgment remhved to the district court for revision ; and also, that the parties antagonistic would he the same as in the 1 case before the…
2Cases cited2 opinions
- Hagerty's Ex'ors v. ScottTexas Supreme Court · 1853
- Ponton v. BellowsTexas Supreme Court · 1859
3Cited by6 opinions
- Moore v. SimsSupreme Court of the United States · 1979
- Parkhill Produce Co. v. Pecos Valley Southern Railway Co.Court of Appeals of Texas · 1961
- Humphreys v. YoungCourt of Appeals of Texas · 1927
- MacK Financial Corporation v. GreggCourt of Appeals of Texas · 1968
- Moore v. SimsSupreme Court of the United States · 1979
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