Harris v. Hopson
Texas Supreme Court
Appeal from Harris. Motion by appellee to dismiss tlie appeal. This case was dismissed oil the motion of the appellee’s counsel on the 12th of January, 1849, on tlie ground that there was no transcript of an appeal bond sent up with the record.
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Appeal from Harris. Motion by appellee to dismiss tlie appeal. This case was dismissed oil the motion of the appellee’s counsel on the 12th of January, 1849, on tlie ground that there was no transcript of an appeal bond sent up with the record. On a subsequent day of the term the case was reinstated on the motion of the appellant’s counsel, supported by the transcript of a bond, purporting to be an appeal) bond in the case, bearing date 6th of June, 1848, and tlie certificate of the clerk by Fitzgerald, the deputy clerk, that it was a true copy of the bond filed in this case in the office on…
1Opinion of the CourtLipscomb, J.
This motion was made and the affidavits in its support filed more than twelve months ago, and no counter affidavits have been filed nor any attempt made to impeach the credibility of the affiants. Under such circumstances I canuot entertain doubt but the bond attempted by Fitzgerald to be fraudulently imposed on this court was made after lie received notice that the suit had been dismissed for want of the transcript of the appeal bond. The suit had been dismissed on the 12th of January, 18-19. The certificate of authentication made out and sent up with the transcript of the bond, signed by…
2Cited by15 opinions
- Western Union Telegraph Co. v. O'KeefeTexas Supreme Court · 1894
- Wells v. DriskellTexas Supreme Court · 1912
- Cruger v. McCrackenTexas Supreme Court · 1895
- Boggess v. HarrisTexas Supreme Court · 1897
- Brown v. TorreyTexas Supreme Court · 1858
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