Buchanan v. Bilger

Citations

• 64 Tex. 589

Syllabus

<p>1. Probate — Jurisdiction of district court.— It is well settled that the district court has no original jurisdiction to revise the proceedings of a county court sitting in matters of probate; its jurisdiction in this respect is entirely appellate. Following Franks v. Chapman, 60 Tex., 46.</p> <p>2. Certiorari — Bond.— Our statutes positively require that an applicant for a certiorari from the district to the county court shall give a bond for the costs of the proceeding, or for the performance of the judgment of the district court in case it should be against him; without one of these bonds the appellate jurisdiction of the district court does not attach. R. S., 290, 291, 292.</p> <p>3. Jurisdiction — Administrator’s bond — District court. — An original suit on an administrator’s bond cannot be brought in the district court until the administrator has been discharged. During the pendency of an administration in a county court, that court has entire supervision of the estate, and has full power to protect all parties concerned. This is the case even when the estate has been practically closed, if the final account of the administrator has not been passed upon. •</p> <p>4. Fraud — Suit to annul a judgment.— The heirs of an intestate alleged in their petition that a certain party instituted suit against the intestate on a fictitious claim, and fraudulently employed an attorney to appear for him and confess judgment; that intestate had no notice of the action, and the attorney confessed judgment without his knowledge. That afterwards the party obtained letters of administration on intestate’s estate, and fraudulently allowed the judgment to be proved up against the estate. Held:</p> <p>(1) That such a judgment was liable to be set aside and annulled by a direct proceeding instituted by a party to the suit whose rights were prejudiced by the fraud.</p> <p>(2) That a suit to annul the judgment commenced in the court where the alleged fraudulent judgment was obtained,