Moore v. Hardison
Texas Supreme Court
Appeal from Shelby. Tho proceedings in this case were instituted by a petition on the part of the appellee to tho ITobate Court for an order requiring' the administrator da bonis non to pay a claim against the succession of tho intestate that had been presented to and allowed by the former administrator and ranked among the acknowledged debts of the estate. The claim on its face appeared to be barred by the statute of limitations before its presentation and allowance.
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Appeal from Shelby. Tho proceedings in this case were instituted by a petition on the part of the appellee to tho ITobate Court for an order requiring' the administrator da bonis non to pay a claim against the succession of tho intestate that had been presented to and allowed by the former administrator and ranked among the acknowledged debts of the estate. The claim on its face appeared to be barred by the statute of limitations before its presentation and allowance. The Probate Court made the order that the administrator should pay the claim, and also return an account of his…
1Opinion of the CourtLipscomb, J.
Several questions have been raised by the appellant’s coun■sel, and discussed with great ability, both orally aud by his brief.
On the iirst question — the right of ihe administrator to liave the order of the probate judge revised in the District Court — we believe this right cannot be questioned,'aud that it is not only given by statute, but that it could liave been exercised under that court’s general jurisdiction to prevent error aud great injustice to tiie parties.
On the question how the case shall bo tried after it is brought into the District Court, there may be some difference in…
2Cited by17 opinions
- City of Galveston v. HillTexas Supreme Court · 1952
- Robinson v. StuartTexas Supreme Court · 1889
- Howard v. JohnsonTexas Supreme Court · 1888
- Caldwell v. BrownTexas Supreme Court · 1875
- Haskell v. MansonMassachusetts Supreme Judicial Court · 1909
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