Gregory v. Leigh

Citations

• 33 Tex. 813

Syllabus

<p>1. In the present case the word “ summons,” and all equivalent terms, were omitted in the eitation in error as copied into the transcript, but this court supplies it by intendment, on the presumption that it was contained in the original citation and was omitted from the transcript by mere clerical mistake.</p> <p>2. A promissory note stipulating that I, the undersigned, administrator of the estate of A. B., deceased, promise to pay,” etc., is the mere individual contract of the maker, and constitutes no claim against the estate referred to. The words “ administrator of the estate,” etc., are descriptio personce, and only surplusage. ■</p>