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33 Tex. 430

Goff v. Hauser

Texas Supreme Court

Decided July 1, 1870

Texas Supreme Court · decided 1870-07-01

Error from Lamar. Tried below before tbe Hon, Winston Banks. This suit was on a probated note, rejected by the plaintiff in error.

Decided 1870-07-01

Morrill, C. J.

¶1In this case judgment by default was entered upon an instrument, liquidated and properly authenticated, and rejected by the executrix.

¶2There 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.

¶3Reversed and reformed.

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