Thomas v. State
Court of Appeals of Texas
Appeal from the District Court of De Witt. Tried below before the Hon. H. Clay Pleasants. This appeal was prosecuted from the forfeiture of the appearance bond of James Thomas, bailed under a charge of theft of a gelding. The amount of the bond and judgment was three hundred and fifty dollars. The case is fully stated in the two opinions of this court.
1Opinion of the CourtWhite, P. J.
Instead of the judgment nisi failing to recite that which is made by statute requisite to its sufficiency, as was the case of Collins v. The State, and Thomas v. The State, 12 Texas Court of Appeals, 356 and 417, it does in fact recite that which is required and a great deal more which can and may be treated as harmless surplusage. After stating how and when defendant shall be cited to appear and show cause why the judgment nisi should not be made final, it is expressly declared in said judgment “that the same will be made final unless good cause be shown why the said James Thomas did not…
2Cases cited2 opinions
- Brite v. StateTexas Supreme Court · 1859
- Adams v. HicksTexas Supreme Court · 1874