Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62. Page: 439
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1884.] IIOLLINGSWORTH V. DAVIS. 439
Opinion of the court.
The appellants contested this decree as a claim against the administrator
of S. P. Hollingsworth, and upon issue made and trial
thereof the county court decided that it was a valid claim against
the estate of S. P. Hollingsworth. Thereupon an appeal was taken by
contestants to the district court, which established the claim against
the estate of S. P. Hollingsworth in the hands of the administrator.
The judgment of the district court was as follows: "It is therefore
considered by the court that the decree of the United States
circuit court, northern district of Texas, numbered and styled as
follows: No. 8, chancery. Samuel C. Davis & Co. v. Martha A.
Hollingsworth, for the sum of one thousand and ninety-six dollars,
dated January 28, 1882, with ten per cent. interest from date, be
and the same is established as a valid claim in favor of said Samuel C.
Davis & Co., and against the estate of the said S. P. Hollingsworth,
for the sum of one thousand and ninety-six dollars, with interest
thereon from the 28th day of January, 1882, at the rate of ten per
cent. per annum, to be paid in due course of administration," and
judgment for costs against M. A. and J. E. Hollingsworth, and execution
therefor upon the trial in the district court. Samuel C. Davis
& Co. offered in evidence certified copies of the record in the circuit
court of the United States at Dallas, Texas, in the case of Samuel
C. Davis & Co. v. M. A. Hollingsworth, consisting of bill in chancery
by Davis & Co., complainant, against M. A. Hollingsworth,
filed May 19, 1880; the answer of M. A. Hollingsworth, and the
final decree of the court in favor of the complainants and against
defendant M. A. Hollingsworth.
The certificates of the record were in proper form, and there was
no objection on that account; but contestants objected to the decree
and to the pleadings in said transcript of Samuel C. Davis & Co. v.
M. A. -Iollingsworth, and to each separately, as evidence against
the administrator in this case, and moved the court to exclude the
same as incompetent and illegal. The motion to exclude which was
overruled, the transcript read in evidence, and defendants thereupon
filed their bills of exceptions.
Other facts regarding the character of the estate appear in, the
opinion.
r^/ite & White and De Berry & Smith, for appellants.
ID. Coughanour, for appellees.
WILLIE, CHIEF JUSTICE.- The claim allowed and approved against
the estate of S. P. Iollingsworth, deceased, by the judgment of tlie
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of the State of Texas, during the latter part of the Austin term, 1884, and the Tyler term, 1884. Volume 62., book, 1885; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth28512/m1/461/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .