Trent v. Rhomberg
Texas Supreme Court
Appeal from Travis. " Tried below before the Hon. A. S. Walker. On May 12, 1883, appellants recovered judgment in the district court of Burnet county, against the Austin and Northwestern Railroad Company in an action of damages for $750. Prom this judgment, the railway company appealed to the supreme court, and, on June 1, 1883, filed its supersedeas bond, with appellees as sureties, in the sum of $1,750. This bond was in the exact form and contained all the conditions…
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Appeal from Travis. " Tried below before the Hon. A. S. Walker. On May 12, 1883, appellants recovered judgment in the district court of Burnet county, against the Austin and Northwestern Railroad Company in an action of damages for $750. Prom this judgment, the railway company appealed to the supreme court, and, on June 1, 1883, filed its supersedeas bond, with appellees as sureties, in the sum of $1,750. This bond was in the exact form and contained all the conditions required by the statute, and was duly accepted and approved. The case was returnable to the supreme court at its Austin term,…
1Opinion of the Court
Robertson, Associate Justice.
The right to an independent suit upon an appeal or writ of error bond, as upon any other contract, is conceded by all authorities, as far as the research of counsel or the court has developed them. Lobdell v. Lake, 32 Conn., 16; State v. Boies, 41 Me., 345 ; Legate v. Marr, 8 Blackf., (Ind.) 404 ; Ellis v. Hull, 23 Cal., 161; Philbrick v. Buxton, 40 N. H., 384; McConnell v. Swailes, 2 Scam., (Ill.) 571; Karthaus v. Owings, 6 Harris & Johnson, (Md.) 138 ; Hobart v. Hilliard, 10 Pick., 143; Ashley v. Brasil, 1 Ark., 144; Smith v. Huesman, 30 Ohio St., 669; Drummond…
2Cases cited16 opinions
- Supervisors v. KennicottSupreme Court of the United States · 1881
- Hinckley v. . KreitzNew York Court of Appeals · 1874
- Robinson v. BrinsonTexas Supreme Court · 1857
- Candee v. . HaywardNew York Court of Appeals · 1868
- Ives v. Merchants Bank of BostonSupreme Court of the United States · 1852
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3Cited by40 opinions
- Blair v. SanbornTexas Supreme Court · 1892
- Muniz v. VasquezCourt of Appeals of Texas · 1990
- Scottish Union & National Insurance v. ClanceyTexas Supreme Court · 1898
- Kendziorski v. Saunders, Texas Court of Appeals, 3rd District (Austin)2006
- Los Campeones, Inc. v. Valley International Properties, Inc.Court of Appeals of Texas · 1979
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