Hall v. McGehee

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before the Hon. David Sheets. In an original and four amended petitions the appellants, who were plaintiffs below, set forth their cause of action against the defendant, Nancy, and the sureties on her administration bond.

Decided 1871-07-01

Walker, J.

¶1This 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.)

¶2The errors complained of in the charge of the court could not affect the case, and therefore constitute no cause for reversal.

¶3The judgment -of the .district court is affirmed.

¶4Affirmed.