Williford v. State
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Wilborn J. Williford having been indicted by the grand jury of Gonzales county, for an assault with intent to commit murder, and having been arrested by the Sheriff of said county, gave bond approved by the Sheriff, as follows : The State of Texas, County of Gonzales.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. Wilborn J. Williford having been indicted by the grand jury of Gonzales county, for an assault with intent to commit murder, and having been arrested by the Sheriff of said county, gave bond approved by the Sheriff, as follows : The State of Texas, County of Gonzales. We, Wilborn J. Williford, as principal, and Hugh W. Branch and Stephen H. Darden and O. M. Christian as sureties, acknowledge ourselves to owe and be indebted to the State of Texas in the sum of five hundred dollars, to be levied upon our respective goods and…
1Opinion of the CourtWheeler, J.
If we were to construe the condition of the *656bond by the single expression, “ before the next Term of the Hon. District Court,” this phraseology, disconnected from the context, would favor the construction contended for by counsel for the appellants ; that is, that it requires the appearance of the party anterior to the time of holding the Court. But we must construe the instrument as a whole, and with reference to all its parts ; and so construed, it becomes apparent that such is not its meaning. It requires that the defendant “ shall be and personally appear before the next Term of the Hon.…
2Cases cited1 opinion
- Howie v. StateSupreme Court of Alabama · 1840
3Cited by2 opinions
- McLaury v. WatelskyCourt of Appeals of Texas · 1905
- Barrera's Sureties v. StateTexas Supreme Court · 1870