Legal Opinion

Britt v. Lowry

Texas Supreme Court

Decided July 1, 1878PublishedCited by 1 opinion

Appeal from Upshur. Tried below before the Hon. M. H. Bonner. Motion to dismiss for insufficiency of the appeal bond. The facts are given in the opinion.

1Opinion of the Court

Moore, Chief Justice.

The appeal bond in this case is *76not in double the amount of damages adjudged against appellants in the District Court, and is therefore insufficient to support the appeal. (Paschal’s Dig., art. 1491.)

Whether the recovery is for damages to real or personal property, is of no moment. The appeal suspends the judgment and forces appellee to risk the ability of appellant at a future day to pay tbe amount adjudged against him, if the appeal should be affirmed by this court. The plain language of the several sections of the statute, (Paschal’s Dig., arts. 1491,1492,) authorizing…

2Cited by1 opinion

  1. Franklin v. TiernanTexas Supreme Court · 1882

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