Texas & Pacific Railway Co. v. Mercer

It appears from the record in this case that the Texas Pacific Railway Company and E. F. Mercer were both dissatisfied with the judgment of the Court of Civil Appeals in this cause, and each filed an application for writ of error to this Court. Both applications were granted.

It further appears that E. F. Mercer duly filed a writ of error bond, which bond contained the following condition:

"NOW, THEREFORE, we E. F. Mercer, plaintiff in error, as principal, and A. S. Noble and A. E. Jamison, as sureties, acknowledge ourselves to pay to the Texas Pacific Railway Company and Gifford-Hill Company,…