Trammell v. Trammell
Texas Supreme Court
Appeal from Gonzales; Action by the appelleesjtgainst the appellant for the recovery of certain slaves. Sequestration— delivery, bond by the defendant; judgment for the plaintiffs against the defendant and his sureties. Appeal by the defendant alone, with the sureties in the delivery bond, as sureties in the appeal bond, and one other. Approved by the Clerk.
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Appeal from Gonzales; Action by the appelleesjtgainst the appellant for the recovery of certain slaves. Sequestration— delivery, bond by the defendant; judgment for the plaintiffs against the defendant and his sureties. Appeal by the defendant alone, with the sureties in the delivery bond, as sureties in the appeal bond, and one other. Approved by the Clerk. Motion to dismiss the appeal on the ground that the appeal bond was insufficient, because the sureties in the delivery bond, . against whom the judgment was also rendered, were sureties in the appeal bond, and there were not other…
1Opinion of the CourtWheeler, J.
This is a motion to dismiss the appeal, on the ground that there is no sufficient appeal bond, as required by the Statute; and the question is, has the appellant complied with the provision of the Statute, which requires the party appealing to give bond with two or more sureties, to be approved by the Clerk. (Hart. Dig. Art. 189.) It cannot be questioned that he has, unless the sureties in the bond for the forthcoming of the property, are incapacitated by the judgment against them upon that bond, from becoming sureties upon this appeal. It is to be observed that none but the principal, who…
2Cited by13 opinions
- Oliver v. Lone Star Cotton Jammers' & Longshoremen's Ass'nCourt of Appeals of Texas · 1911
- Sampson v. SolinskyCourt of Appeals of Texas · 1890
- Saylor v. MarxTexas Supreme Court · 1882
- Henderson v. BrownCourt of Appeals of Texas · 1897
- Burton v. PerryCourt of Appeals of Texas · 1932
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