Harrison v. Oberthier
Texas Supreme Court
Error from Rusk. Tried below before the Hon. J. B. Williamson. This case, on the tenth of March, 1873, was dismissed for want of an error bond, under Article 1517, Paschal’s Digest. On April 16, 1873, the order of dismissal was set aside, with permission to plaintiff in error to file a cost bond by the next term. On December 3, 1873, an error bond, approved by W. B. Harper, district clerk of Busk county, was filed in the Supreme Court.
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Error from Rusk. Tried below before the Hon. J. B. Williamson. This case, on the tenth of March, 1873, was dismissed for want of an error bond, under Article 1517, Paschal’s Digest. On April 16, 1873, the order of dismissal was set aside, with permission to plaintiff in error to file a cost bond by the next term. On December 3, 1873, an error bond, approved by W. B. Harper, district clerk of Busk county, was filed in the Supreme Court. The cause was submitted on briefs, December 17, 1873. The facts appear in the opinion of the court.
1Opinion of the Court
Reeves, Associate Justice.
On the twenty-ninth day of January, 1866, B. F. Montgomery, as administrator de bonis non -oí the estate of John Harrison, deceased, filed a petition in the county court pertaining to estates of deceased persons for Rusk county, showing a small sum in cash in his hands and a promissory note for $740.50, and also showing the claims against the estate for a much larger sum. As part of the claims against the estate he reports two notes — one for a balance of $397.12, and the other for $105.58, given by the deceased in his lifetime to T. J. Walling, as part of the…
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