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CITY OF AUSTIN v. AGUILAR

No. 13173.

607 S.W.2d 310 (1980)

CITY OF AUSTIN, Appellant, v. Estate of Victoria O. AGUILAR et al., Appellees.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied November 19, 1980.

Attorney(s) appearing for the Case

Jerry L. Harris, City Atty., Glenn K. Weichert, Asst. City Atty., Austin, for appellant.

Andrew J. Forsythe, Austin, for appellees.

PHILLIPS, Chief Justice.

The question for decision is whether the requirement of Tex.Prob.Code Ann. § 304 (1955), that the claim of a corporation be authenticated by "the cashier, treasurer or managing official," is mandatory so that failure to comply therewith renders the claim a nullity or whether such error is one of form that can be waived.

The City of Austin, appellant here and plaintiff below, filed suit on a claim for hospital services rendered...

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