Goff v. Hauser

Texas Supreme Court
Goff v. Hauser, 33 Tex. 430 (Tex. 1870)
Morrill

Goff v. Hauser

Opinion of the Court

Morrill, C. J.

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*431ment be certified to the proper court,, to be paid in due course of administration.

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.