Morgan v. State

DAVIDSON, Judge.

This is an appeal from a final judgment against sureties in a bond forfeiture case.

The statement of the facts adduced upon the hearing does not reflect that the state introduced in evidence the judgment nisi. It is insisted that the absence of such proof renders the evidence insufficient to support the judgment.

The judgment nisi is a necessary and essential element of the state’s cause of action in a bond forfeiture case, for without a judgment nisi there can be no final judgment. Watkins, et al. v. State, 16 Tex. App. 646; Gass, et al. v. State, 110 Tex.. Cr. R. 238, 8 S. W.…