Burr v. Lewis
Texas Supreme Court
Appeal from Galveston. The appellee recovered judgment against tlie appellants at the Spring Term, 1849, of the Galveston District Court. The defendants below gave notice of appeal, and on the 6th day of An-¿list next after the term of the court at which judgment was rendered filed their appeal bond, which was approved by the, clerk.
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Appeal from Galveston. The appellee recovered judgment against tlie appellants at the Spring Term, 1849, of the Galveston District Court. The defendants below gave notice of appeal, and on the 6th day of An-¿list next after the term of the court at which judgment was rendered filed their appeal bond, which was approved by the, clerk. After the expiration of thirty days from the commencement of the last term of this court, it being the return term of the appeal, and the appellants having failed to lile a copy of the record, the appellee filed the transcript, and obtained an affirmance of…
1Opinion of the CourtWiieeler, J.
This conrt can acquire jurisdiction of causes only by one of two modes: by appeal or writ of error; and where the former mode is resorted to tlie jurisdiction of the court can attach only when the appeal is perfected.
To constitute an appeal perfected, the appellant must give notice of appeal during tlie term, and within twenty days after the term he must give bond for the prosecution of the appeal. (Hart. Dig., secs. 789, S19.) Until these two constituents of ail appeal concur there is no appeal. Neil her of itself Is sufficient. And although notice be given, until the bond is also given the…
2Cited by51 opinions
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