Kahn v. Israelson

Citations

• 62 Tex. 221
• 1884 Tex. LEXIS 214

Syllabus

<p>1. Statute construed.—Articles 2709 and 2711 of the Revised Civil Statutes mean that a transcript of proceedings from the county court shall be filed in the district court at the first term after judgment in the county court, and, if this cannot be done, that it shall be filed within sixty days after the appeal is taken.</p> <p>2. Jurisdiction op district court — Probate.— From the day when notice of appeal from a county court is given, the appeal is taken, and from that time the district court has jurisdiction of the cause.</p> <p>3. Same — At peal bond.— A supersedeas bond, not being essential to the appeal, serves no jurisdictional purpose.</p> <p>4. Removal op guardian.— The several grounds for removing guardians enumerated by statute (R..S-> arts. 2614-2616) exclude the idea of removal on any ground not so named.</p> <p>5. Same—Waiver op guardianship.— Though, by virtue of the Revised Statutes (arts. 1864, 2198, 2474), the right of one, who is not otherwise disqualified, to letters of guardianship, is prior to that of the person holding letters already given, still, where such an one requests a person to receive the appointment, and consents to the same, he cannot be heard to ask the removal of such guardian in order to be appointed in his stead. Mayes v. Houston, 61 Tex., 690; Cole v. Dial, 12 Tex., 100, cited.</p> <p>6. Same — Surviving parent.—That the surviving parent applies for guardianship in such a case does not change the rule. Cook v. Bybee, 24 Tex., 280, discussed.</p> <p>7. Same — Statutes discussed and compared.—Paschal’s Digest of Laws of , Texas, arts. 3835, 3886, 3888, discussed.</p>