Michael v. Ball
Court of Appeals of Texas
Appeal from. Bexar. Tried, below before Hon. Geo. H. Noonan. An appeal bond has all the requisites of a valid contract, and the beneficiaries in such an appeal bond have the right to bring an independent suit to enforce its conditions when the party executing such bond has failed to prosecute his appeal with effect, as provided in the bond.
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Appeal from. Bexar. Tried, below before Hon. Geo. H. Noonan. An appeal bond has all the requisites of a valid contract, and the beneficiaries in such an appeal bond have the right to bring an independent suit to enforce its conditions when the party executing such bond has failed to prosecute his appeal with effect, as provided in the bond. Trent v. Rhomberg, 66 Texas, 249; Blair v. Sanborn, 82 Texas, 686; Cattle Co. v. Ansley, 24 S. W. Rep., 933. Notice of appeal given and bond filed clothes the appellate court with jurisdiction over the entire case, and removes jurisdiction from the…
1Opinion of the Court
FLT, Associate Justice.
Appellant filed a petition in the District Court of the Thirty-seventh Judicial District of Bexar County, in which he alleges, that on the 29th day of March, 1889, in said court, he recovered a judgment against S. Q. Ball for the sum of $260.40, and all costs of suit, amounting to $50, making an aggregate sum of $310; that on the 7th day of June, A. D. 1889, Ball executed and filed in the District Court an appeal bond in the sum of $750, with the other appellees, Beckman and Shiner, as sureties, payable to appellant, and conditioned that said Ball shall prosecute his…
2Cases cited4 opinions
- Trent v. RhombergTexas Supreme Court · 1886
- Blair v. SanbornTexas Supreme Court · 1892
- Robinson v. BrinsonTexas Supreme Court · 1857
- Estado Land & Cattle Co. v. AnsleyCourt of Appeals of Texas · 1894
3Cited by6 opinions
- Allen v. KitchenCourt of Appeals of Texas · 1913
- Schutze v. DabneyCourt of Appeals of Texas · 1918
- Le Pak v. HedbergSupreme Court of Minnesota · 1927
- Texas Co. v. GrahamCourt of Appeals of Texas · 1937
- Scanlan v. De ZavalaCourt of Appeals of Texas · 1931
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