McLane v. Russell
Texas Supreme Court
Appeal from Karnes. The case was tried before Hon. John K. McKinney, one of the district judges. McLane attempted to appeal, and there is copied into the transcript an appeal bond, in the usual form, but it is not approved by the clerk, nor has it any file-mark at all indicating that it was filed. The case turned upon the motion to dismiss the appeal.
1Opinion of the CourtCoke, J.
In order to confer jurisdiction by appeal on this court, it is well settled, by repeated adjudications, to be necessary that notice of appeal be given and entered of record during the term, and that the appellant shall enter into a proper appeal bond, which must be approved and filed by the clerk within twenty days from the date of the adjournment of the term at which the judgment was rendered; and that, if a record is filed here which does not show affirmatively that these requirements have been complied with, the case is coram nonjudice, and will be stricken from the docket. (O. & W. Dig.,…
2Cases cited1 opinion
- Lyell v. Guadaloupe CountyTexas Supreme Court · 1866
3Cited by4 opinions
- Hanover Fire Insurance v. Shrader & RogersTexas Supreme Court · 1895
- Ringgold v. GrahamTexas Commission of Appeals · 1929
- Ten Brook v. MaxwellIndiana Court of Appeals · 1892
- Whitman Agricultural Co. v. VossCourt of Appeals of Texas · 1885