Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 130
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130 BLEDSOE v. WHITE. [Tyler Term,
service under which the case has been brought into this
court, formed no part of the transcript when the certificate
of the clerk was appended to it. An examination of the
transcript leaves little doubt that it was completed before
the error in the petition in error, as to the time of the beginning
of court, was discerned; and it being then too
late to correct it for the term of the court beginning on
the first Monday in December, 1873, the petition for alias
citation was filed; and after service of The citation, the
seal over the tie of the record was loosened, and copies of
these papers inserted, and the certificate made to correspond
with the additional paging of the transcript. But,
through oversight or otherwise, there was an omission to
make a corresponding alteration in its date.
The absence of all reasonable motive for an improper
tampering with the transcript is quite sufficient to repel
any suspicion that the irregularities in the record, whether
occasioned by the act of the clerk or any one else, are to
be attributed to a fraudulent intent or design. But, reregardless
of the motive or purpose from which these
irregularities have resulted, they are such as cannot be
passed over by the court without setting a precedent of a
most pernicious character.
For want of service of a citation in error on both of the
defendants in error, and for irregularities in the transcript,
it is ordered that this cause be dismissed.
JOHN A. BLEDSOE, ADMINISTRATOR, V. C. G. WHITE, AD-:
1. An administrator cannot assign claims due the estate in satisfaction
of his individual debts.
2. ATTORNEY OF ADMINISTRATOR.l-In a suit against an attorney for
funds collected on a note, the property of an estate, payable to the
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/138/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .