Sass v. State

The dismissal as to the surety not served, and entry of judgment against the principal and the other surety, who had been duly cited, were in accordance with a practice long established in this State, and cannot constitute a reversible error. Goode v. The State, 15 Texas, 124. The bond, it is true, was joint and several, and the judgment nisi was against the principal and sureties, each for the full amount of the bond. Had the final judgment been entered in like manner, the error would have been fundamental. Ishmael v. The State, 41 Texas, 244. In it, however, the error was corrected, and the…