Smith v. Buffalo Oil Co.
Texas Supreme Court
Error to the Court of Civil Appeals for the First District, in an appeal from Jefferson County. Smith sued the Oil Company and appealed from a judgment for defendant. His appeal was dismissed for want of a bond, which he had endeavored to supply by affidavit of his inability to give it. He thereupon obtained writ of error.
1Opinion of the Court
WILLIAMS, Associate Justice.
This writ of error is prosecuted from a judgment of the Court of Civil Appeals dismissing plaintiff in error’s appeal because of insufficiency of the affidavit in lieu of appeal bond upon which it was prosecuted. The affidavit on its face appeared to have been made before the District Judge who tried the case, and was attested by him officially with his jurat, but did not state that it was made in open court; and there was no order or entry showing other action of the court upon it. It was, however, made to appear by affidavits in the Court of Civil Appeals that…
2Cases cited4 opinions
- Western Union Telegraph Co. v. O'KeefeTexas Supreme Court · 1894
- Pendley v. Berry & TowlesTexas Supreme Court · 1901
- Wooldridge v. RollerTexas Supreme Court · 1880
- Stewart v. Heidenheimer Bros.Texas Supreme Court · 1881
3Cited by32 opinions
- Westerman v. MimsTexas Supreme Court · 1921
- State Ex Rel. Candler v. Court of Civil AppealsTexas Supreme Court · 1934
- Sigel v. Buccaneer Hotel Co.Court of Appeals of Texas · 1931
- Phillips v. PhillipsCourt of Appeals of Texas · 1918
- Dixon v. LynnCourt of Appeals of Texas · 1913
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