Maddux v. Booth

FOLLEY, Justice.

This is an appeal by writ of error by R. E. Maddux, plaintiff in error, against E. E. Booth, defendant in error. There is no statement of facts in the record, but plaintiff in error presents what he alleges is fundamental error from the transcript of the proceedings.

On May 22, 1935, E. F. Lokey filed' in the county court of' Parmer county, Tex., his application for appointment a-s administrat- or of the estate of M. C. Booth, deceased. E. E. Booth and R. E. Booth, brother and nephew, respectively, of the deceased, contested this appointment. Thereafter, on June 3, 1935, R. E.…