Edmonson v. Garnett

Citations

• 33 Tex. 250

Syllabus

<p>I. Without authority from the probate court, as provided for by Article • 1337, Paschal’s Digest, an administrator has no power to accept a bond of third parties in satisfaction of a debt due. the estate he represents. (The case of Uamilton v- Pleasants, 31 Texas, 638, cited and approved by the court.)</p> <p>3. In a suit between an administrator and another party, it seems that the administrator cannot be made liable in his individual capacity for injury resulting from his unauthorized acts as administrator. (The ease of Johnson v. Brown, 2.3 Texas, Supplement, 129, cited by the court.)</p> <p>3. 11, on an appeal from a decree dissolving an injunction and awarding damages thereon, it appear that the damages adjudged in the court: below are in excess of the rate allowed by the statute, this court will cause the excess to be rebated, but will not reverse on that account..</p>