King v. Longcope
Texas Supreme Court
Appeal from Eaj^ette. Suit was brought by tlie appellee against the appellant. before a justice of the peace, to recover damages for an alleged trespass committed by the latter, in killing- and converting- to his own use certain hogs, the property of the former. The plaintiff claimed one hundred dollars. On tlie trial before the justice, there was a verdict and judgment for tlie plaintiff for fifty dollars.
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Appeal from Eaj^ette. Suit was brought by tlie appellee against the appellant. before a justice of the peace, to recover damages for an alleged trespass committed by the latter, in killing- and converting- to his own use certain hogs, the property of the former. The plaintiff claimed one hundred dollars. On tlie trial before the justice, there was a verdict and judgment for tlie plaintiff for fifty dollars. The defendant, after having made an unsuccessful attempt to obtain a new trial, petitioned the District Court for a certiorari. The petitioner stated the proceedings before tlie justice,…
1Opinion of the CourtWheeleR, J.
Tlie objection taken to tlie sufficiency of the bond, clearly, is not tenable. The ” amount in controversy,” in contemplation of tlie statute, (Hart. Dig., art. 1753,) must be considered, for the purpose of determining the amount'of the bond to be given to obtain the certiorari, by tlie amount of the judgment to be superseded. " A bond in double tlie amount of the judgment will afford a security to tlie party whose judgment is suspended, as ample as a bond in double tlie amount sued for before the justice. And this must have been what the Legislature intended.
The materia] question to he…
2Cases cited1 opinion
- Hope v. AlleyTexas Supreme Court · 1854
3Cited by4 opinions
- Warrick v. Moore CountyCourt of Appeals of Texas · 1927
- Jones v. NoldTexas Supreme Court · 1858
- Hall v. CollierCourt of Appeals of Texas · 1917
- Davis v. PinckneyTexas Supreme Court · 1857