Hall v. McGehee
Texas Supreme Court
Hall v. McGehee, 34 Tex. 386 (Tex. 1871)
Walker
Hall v. McGehee
Opinion of the Court
This suit was improperly brought in the district court. The administration had not been closed, nor the administratrix removed; nor was it made to appear- that there were not -assets in her hands sufficient to pay the debts of the estate. (See articles 1315, 1341 and 1389, Paschal’s Digest.)
The errors complained of in the charge of the court could not affect the case, and therefore constitute no cause for reversal.
The judgment -of the .district court is affirmed.
Affirmed.
Reference
- Full Case Name
- C. K. Hall and others v. Nancy P. McGehee and others
- Status
- Published
- Syllabus
- 1. Creditors of a decedent’s estate brought suit in the district court against the administratrix and the sureties on her bond,, and alleged waste; and fraudulent conversion of the estate by the administratrix. Held, that the suit was improperly brought in the district court, inasmuch ss it does not appear that the administration had been closed, or the administratrix removed, or that there were not assets in her hands, aud subject to the orders of the probate court, sufficient to pay the debts. ('PaschaPs Digest, articles 1315,1341 and 1389, cited by the court.) 2, Instructions to the j,ury, which, though erroneous, could no.t affect, the case', constitute no cause for reversal in this court.