25 Tex. 19 | Tex. | 1860
We are of opinion that the motion to dismiss the writ of error in this case must be sustained. The matter in controversy is one which concerns the plaintiff in error individually, and not in her representative capacity. The homestead rights, in relation to which the controversy arose, are accorded to her by the law, as the widow of the intestate, and not as the administratrix of his estate. She would have the same rights if she were not administratrix. The controversy being one which concerns
But if the petition and- bond are not filed within two years after the rendition of the judgment sought to be revised, the party does not entitle himself to the writ. The judgment sought to be revised in this case was rendered on the 30th of October, 1857, and the bond for costs was not filed until the 5th of January, 1860.
The motion to dismiss the writ of error is sustained. Ordered accordingly.
Dismissed.