Davis v. State Ex Rel. Incorporated Town of Anthony

ABBOTT, Justice.

This is an appeal from a summary judgment granting appellee a recovery for the face amount of a supersedeas bond under Rules 166-A and 364, section (g), of the Texas Rules of Civil Procedure.

The judgment is assailed on two points:(1) The honorable trial court erred in granting appellee’s motion for summary judgment;(2) The honorable trial court erred in entering summary judgment finding that Rule 364(g), Texas Rules of Civil Procedure, applied to plaintiff’s petition.

These points will be considered together, as they were so treated in both appellant’s and appellee’s briefs.

The…