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35 Tex. 435

Gillmore v. Dunson

Texas Supreme Court

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. L. Lindsay. So far as the rulings made in this case are concerned, the facts are fully indicated in the head-notes. The appellant was the administrator de bonis non of Wm. Harbert’s estate, against which the claim was asserted. When presented to him for allowance, he rejected it on the ground of his belief that it had been settled with the former administrator of the estate.

Good law ✅— No negative treatment on recordhow we know

Decided 1872-07-01

How this case has been cited

Cited by 5 later decisions — most recently November 1968

5 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Ogden, J.

¶1The statute prescribes certain requisites for an affidavit, made to authenticate a claim for money against an estate of a deceased person, and declares, in effect, that if any claim be allowed by an administrator, or approved by the court, without an affidavit containing the necessary requisites, such an allowance or approval shad be of no force or effect. The statute requires that the affidavit shall state that the claim is just, and that all legal offsets, payments and credits have been allowed. The affidavit made to the justness of the claim sued on in this cause fails fully to comply with the statute in this respect. It neither uses the language of the statute, nor its equivalent. And in following the decision in Walters v. Prestige, 30 Texas, 66, we feel bound to decide that the district court had no-jurisdiction of the cause.

¶2The judgment is therefore reversed, and the cause* dismissed.

¶3Reversed abb dismissed.

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