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RODEHEAVER v. ALRIDGE

No. 17640.

601 S.W.2d 51 (1980)

County Clerk Anita RODEHEAVER and Constable C. R. Davis, Appellants, v. Annie ALRIDGE, Administratrix of the Estate of Juanita McGarrity, Deceased, Appellee.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied May 1, 1980.

Attorney(s) appearing for the Case

Joe Resweber and Billy E. Lee, Houston, for appellants.

Philip M. Shafer, Houston, for appellee.

Before EVANS, PEDEN and WARREN, JJ.

EVANS, Justice.

This action for declaratory judgment was initiated by the County Clerk of Harris County and the Constable of Precinct No. 4 against Annie Alridge, the administratrix of the estate of Juanita McGarrity, deceased, to judicially determine whether the administratrix was exempt from payment of certain fees for the filing, processing and issuance of citation in a suit brought in her fiduciary capacity against a third party defendant.

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