Missouri, Kansas & Texas Railway Co. v. Mosty
Court of Appeals of Texas
Appeal from tbe County Court of Tarrant County. Tried below before Hon. Bobert G. Johnson. Tbe bond is properly signed by botb defendants, and tbe failure of the bond in mentioning tbe Missouri, Kansas & Texas Bail-way Company is a clerical error, and does not affect tbe validity of tbe same. Huly v. Huly, 1 W. & W. C. C., sec. 157; Kerr v. Clegg, Id., sec. 791; Mills v. Hucket, Id., sec. 846; Sayles’ Civ. Stats., art. 1639, notes 14, 15.
1Opinion of the Court
HEAD, Associate Justice.
Appellee instituted this suit in the Justice Court against appellants, tbe Missouri^ Kansas & Texas Bailway Company, and tbe Gulf, Colorado & Santa Fe Bailway Company, as joint tort-feasors, to recover damages growing out of tbe shipment of a lot of cattle which passed over tbe lines of botb companies. On February 2, 1892, a joint judgment was rendered in tbe Justice Court in favor of appellee against botb appellants, for tbe sum of $80, with interest and costs.
On February 9, 1892, the following appeal bond was filed and approved by tbe justice:
“L. A. Mosty
“v. “No.…
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