Goff v. Hauser
Texas Supreme Court
Goff v. Hauser, 33 Tex. 430 (Tex. 1870)
Morrill
Goff v. Hauser
Opinion of the Court
In this case judgment by default was entered upon an instrument, liquidated and properly authenticated, and rejected by the executrix.
There was error by the district judge in ordering an execution to issue on the judgment against the estate of the deceased, without any allegation in the pleadings authorizing the same. Wherefore, the judgment is reversed and reformed by ordering that the judg
Reversed and reformed.
Reference
- Full Case Name
- Nancy G. Goff, etc. v. N. B. Hauser
- Cited By
- 1 case
- Status
- Published
- Syllabus
- 1. In rendering judgment against an executrix for a debt of her testator, it was error for the district court to award execution against the estate of the testator, when there were no allegations in the petition authorizing the same ; and this court, reversing and reforming the judgment in this respect, directs that it he certified to the proper court, to be paid in due course of administration.