Smith & Williams v. Parks
Texas Supreme Court
Appeal from Johnson. Tried below before the Hon. A. J. Hood. Suit by W. J. Parks in his life-time, brought April 1, 1871, against Thomas V. Smith,-- Williams and 0. B. Johns & Co., in trespass to try title to one hundred and sixty acres of land, claimed by virtue of his pre-emption claim to the same, and to cancel the patent which had been issued, and under which the defendants claimed, to the same land. ' At the December term, 1873, Mary Parks, representing herself as the…
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Appeal from Johnson. Tried below before the Hon. A. J. Hood. Suit by W. J. Parks in his life-time, brought April 1, 1871, against Thomas V. Smith,-- Williams and 0. B. Johns & Co., in trespass to try title to one hundred and sixty acres of land, claimed by virtue of his pre-emption claim to the same, and to cancel the patent which had been issued, and under which the defendants claimed, to the same land. ' At the December term, 1873, Mary Parks, representing herself as the surviving widow of the original plaintiff, with certain of her children, appeared by an amended petition as parties…
1Opinion of the Court
Walker, P. J. Com. App.
It has long been settled, that, in order to confer jurisdiction on the supreme court by appeal, that the appeal to it must be perfected by the concurrence of two facts: notice of appeal duly given, and the giving an appeal bond within the time prescribed by law; and that without such concurrence this court has and can entertain no jurisdiction over the case. Burr v. Lewis, 6 Tex., 76; Lyell v. Guadalupe Co., 28 Tex., 57; Freestone County v. Bragg, id., 91; Loftin v. Nalley, id., 127.
No exception has been taken in this court by the appellees to the court’s jurisdiction,…
2Cases cited5 opinions
- Burr v. LewisTexas Supreme Court · 1851
- Janes v. LanghamTexas Supreme Court · 1867
- Lyell v. Guadaloupe CountyTexas Supreme Court · 1866
- Dial v. RectorTexas Supreme Court · 1854
- Chambers v. MillerTexas Supreme Court · 1851
3Cited by7 opinions
- Ringgold v. GrahamTexas Commission of Appeals · 1929
- Walter Box Co. v. BlackburnCourt of Appeals of Texas · 1913
- Saner-Ragley Lumber Co. v. SpiveyCourt of Appeals of Texas · 1921
- Simmang v. CheneyCourt of Appeals of Texas · 1913
- Futch v. PalmerCourt of Appeals of Texas · 1895
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