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33 Tex. 130

Homuth v. Zapp

Texas Supreme Court

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Error from Fayette. Tried below before the Hon. George W. Smith. Zapp, defendant in error, was administrator of the estate of Mary Craig, deceased, and in that capacity sued Homuth for $100, rent of a house and certain lots in the town of LaGrange. The justice rendered judgment for the plaintiff, and Homuth sued out a certiorari to the District Court, where he defeated the plaintiff on the merits so far as the claim for rent went.

Decided 1870-07-01

Walker, J.

¶1The 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.

¶2Affirmed.

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