Wolff v. Carter
Wolff v. Carter
Opinion of the Court
Appellant, as-administrator de bonis non on the estate of R. Deacon, deceased, appealed from the judgment and decree of the County Court of Dallas county, sitting for probate purposes, to the district court, and on motion of appellee in the district court, the appeal to that court was dismissed, because the administrator had failed to execute a bond for cost; and from the judgment of the district court, dismissing the appeal, he as administrator has appealed to this court. It has often been decided by this court, that an administrator may appeal without bond or security for cost. (Battle v. Howard, 13 Texas, 345; Duggan
Reversed and remanded.
Reference
- Full Case Name
- W. C. Wolff, Administrator, etc. v. A. W. Carter
- Status
- Published
- Syllabus
- 1. It was error for the district Uourt to dismiss an administrator’s appeal from the prohate court (as organized before the present Constitution) because the administrator had failed to execute a bond for costs. It has often been decided by this court that an administrator may appeal without bond or security for costs.