Young v. Gray

Citations

• 65 Tex. 99
• 1885 Tex. LEXIS 318

Syllabus

<p>1. Consolidation of suits—Practice.—Suit was commenced in a county court to review the probate decree of that court approving the final account of the guardian of a deceased minor, and ordering a distribution of the estate. The case went up regularly to the supreme court, where it was decided (60 Tex., 541) that the order for distribution was void, and the prayer for its correction was properly dismissed; but that part of the petition asking a revision of the final account of the guardian was remanded for hearing. Plaintiifs then brought an original suit in the district court for relief against the distribution, and, on their motion, the two suits were consolidated. At the next term the consolidation was set aside. Held:</p> <p>(1) That it is left to the discretion of the trial court whether suits shall be consolidated or not (R. S., art. 1450), and, having made the order of consolidation, setting it aside is not reversible error unless the party appealing has suffered some injury therefrom.</p> <p>(2) It is not probable that such an injury resulted in this case, since the simultaneous consideration of the issues would hardly have affected the results.</p> <p>2. Guardian—Liability—Evidence.—A guardian is not liable for failing to sue the sureties upon his predecessor’s bond for money fairly expended by their principal for the benefit of his ward, though the vouchers were not in proper shape. Over such testimony he could not have recovered against the sureties, and the vouchers nay be introduced in evidence to show that he was not in fault in not suing them.</p> <p>3. Evidence—Vouchers.—Plaintiffs charged that the final account of guardian, showing the credits evidenced by vouchers, had been improperly approved. Held: That the burden was on the plaintiffs to prove errors in the account, and the admission in evidence of vouchers, offered by defendant, not proven up or allowed, if error, was immaterial.</p> <p>4. Evidence.—See opinion for facts held sufficient to su