Legal Opinion
Mercantile National Bank at Dallas v. McCullough Tool Co.
Court of Appeals of Texas
Decided July 9, 1952No. 10057PublishedCited by 14 opinions
1Opinion of the Court
GRAY, Justice.
Appellee has filed a motion to dismiss this appeal and as grounds for dismissal says that the supersedeas bond filed by appellant is not sufficient as an appeal bond because: (1) it contains no obligation to pay the costs on appeal; (2) it is not conditioned in the manner and form required by law to have the effect of an appeal bond, and (3) there is no certificate by the district clerk estimating the costs in the court below and on appeal.
Appellee cites Rule 354 T.R.C.P., which prescribes the requirements for a cost bond on appeal.
The judgment appealed from is for $8,616.20…
2Cases cited18 opinions
- Scott v. GardnerTexas Supreme Court · 1941
- Flack v. First Nat. Bank of DalhartTexas Supreme Court · 1950
- James Stewart & Co. v. LawTexas Supreme Court · 1950
- R. M. Waggoner v. Herring-Showers Lbr. Co.Texas Supreme Court · 1931
- Nass v. NassTexas Supreme Court · 1950
13 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- New Amsterdam Casualty Co. v. Texas Industries, Inc.Texas Supreme Court · 1967
- Republic National Bank of Dallas v. National Bankers Life Insurance Co.Court of Appeals of Texas · 1968
- Hoge v. Farmers Market & Supply Co. of Las Cruces, Inc.New Mexico Supreme Court · 1956
- Farmers State Bank v. First State Bank of LibertyCourt of Appeals of Texas · 1958
- City of Fort Smith v. O.K. Foods, Inc.Supreme Court of Arkansas · 1987
9 more not listed; retrieve them via the Exa API.