Walters v. Prestidge
Texas Supreme Court
Appeal from Rusk. The ease was tried before Hon. Reuben A. Reeves, one of the district judges. Every fact necessary to a clear understanding of the case is succinctly set forth in the opinion, nevertheless the following facts may serve as a guide in practice: This was a suit instituted in Cherokee district court, on the 7th March, A. D. 1859, by Obadiah Prestidge, the appellee, against Andrew 0. Walters, administrator of Larkin Prestidge, deceased, appellant, on an open…
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Appeal from Rusk. The ease was tried before Hon. Reuben A. Reeves, one of the district judges. Every fact necessary to a clear understanding of the case is succinctly set forth in the opinion, nevertheless the following facts may serve as a guide in practice: This was a suit instituted in Cherokee district court, on the 7th March, A. D. 1859, by Obadiah Prestidge, the appellee, against Andrew 0. Walters, administrator of Larkin Prestidge, deceased, appellant, on an open account against said estate, one item of which was for $700, alleged services and attention rendered by said Obadiah for the…
1Opinion of the CourtCoke, J.
This is a suit on an account, consisting of various items, amounting in the aggregate to $1,058 50, filed in the district court of Cherokee county, on the 7th of March, A. D. 1859, by the appellee, against the appellant, as administrator of the estate of Larkin Prestidge, deceased. The account was sworn to by appellee before a justice of the peace. The material part of the affidavit was in these words :
“ That the within account, as charged against the estate of Larkin Prestidge, is correct and just, after allowing all proper credits, to the best of his knowledge and' belief.”
The account was…
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