McKellar v. Peck
Texas Supreme Court
Error from (ronzales. Tried below before the Hon. Henry Maney. This was a suit brought by defendant Peck, against McKellar and wife, to try the title to a tract of land in G-onzales. McKellar and wife disclaimed as to all the land except two hundred acres, which they claimed as their homestead, had it surveyed, and set it out in their answer by metes and bounds.
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Error from (ronzales. Tried below before the Hon. Henry Maney. This was a suit brought by defendant Peck, against McKellar and wife, to try the title to a tract of land in G-onzales. McKellar and wife disclaimed as to all the land except two hundred acres, which they claimed as their homestead, had it surveyed, and set it out in their answer by metes and bounds. There was a previous trial of this cause, and a verdict rand judgment for defendant, and appealed by Peck, when this court remanded the cause because of the error of the District Court in refusing to permit the plaintiff to take a…
1Opinion of the CourtOgden, P. J.
The motion to dismiss the writ of error in this case is overruled. It is not necessary that the appellant or plaintiff in error should sign the appeal or writ of error bond, provided the same be otherwise sufficient. (Shelton v. Wade, 4 Texas, 150.) And if it were necessary their attorneys of record have the right to sign the bond for them. If the attorneys have seen fit to violate Rule 9 of the rules adopted by the Supreme Court for the government of the District Courts, they might possibly be dealt with upon a motion for that purpose, but certainly such a violation could not lessen their…
2Cases cited1 opinion
- Smith v. StateTexas Supreme Court · 1849
3Cited by14 opinions
- Stone v. SledgeTexas Supreme Court · 1894
- Muncie National Bank v. BrownIndiana Supreme Court · 1887
- Coffey v. HendricksTexas Supreme Court · 1886
- Qualls v. QuallsSupreme Court of Alabama · 1916
- Forrester v. Reliable Transfer Co.Washington Supreme Court · 1910
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