Homuth v. Zapp
Texas Supreme Court
Homuth v. Zapp, 33 Tex. 130 (Tex. 1870)
Walker
Homuth v. Zapp
Opinion of the Court
The appeal in this case is based upon frivolous ground. The object sought is, through this court, to revise a judgment for costs rendered in the District Court against defendant in error, as the administrator of Mary Craig’s estate, and tax them against him in his individual capacity; and we are asked to impeach the action of the County Court in granting letters of administration to Zapp. This is not a proceeding in which thé same can be done. The judgment of the Distrie: Court is afBrmed, with costs to defendant in error.
Affirmed.
Reference
- Full Case Name
- H. Homuth v. R. Zapp, Administrator, etc.
- Status
- Published
- Syllabus
- 1. Judgment having been rendered by a justice of the peace, in favor of an administrator for rent accrued since the death of his intestate, the defendant sued out a certiorari to tbe District Court, alleging, among other things, that when administration was granted to the plaintiff the intestate had been dead four or five years; that there were no' assets aBd no debts against the estate; that a guardian had been appointed fortbe intestate’s heirs, who were minors; and therefore the administration, being unnecessary, was a nullity, and it waB prayed that tbe letters of administration he revoked. On the trial in the District Court the jury found a general verdict for the defendant; whereupon the court rendered judgment that the plaintiff take nothing by his suit and that defendant recover costs of the plaintiff as administrator. Defendant moved for a new trial because the judgment did not revoke the administration nor tax the plaintiff individually with the costs; and the new trial being refused, defendant assigns the same objections as error in this court. Held, that the administration cannot be vacated in this proceeding ; and that the other pretest for resort to this court is frivolous.