Bell v. Brown

ON MOTION FOR REHEARING.

STEPHENS, Associate Justice.

In refusing the rehearing sought in this case, it is deemed proper, in view of the apparently conflicting decisions upon the question of practice involved, to state our conclusions in writing. That question is, whether the amount of the costs is to be added to the amount of the debt or damage recovered in the Justice Court in fixing the amount of the appeal bond?

The statute requires the bond to be in double the amount of the judgment. It was held in Colorado County v. Delaney, 54 Texas, 280, that by the amount of the judgment was meant the…