Franklin v. Tiernan
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was brought by Tiernan to recover of appellants two lots on Galveston Island, containing each about ten acres of land, and known as lots 120 and 125, section No. 2, on Phelan’s map of the original survey of the island.
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. This suit was brought by Tiernan to recover of appellants two lots on Galveston Island, containing each about ten acres of land, and known as lots 120 and 125, section No. 2, on Phelan’s map of the original survey of the island. The original petition was filed, September 21, 18W, and the amended original petition, which sets but Tiernan’s title, was filed July 15, 1818. That title was as follows: 1st. Certificate for three hundred and twenty acres of land, issued to Francis Hughes, July 4, 1844. 2d. Transfer from Hughes to…
1Opinion of the Court
Delany, J. Com. App.
Appellee has filed at this term of the court a motion to dismiss the appeal for the following reasons:
1st. That the bond is not conditioned “for the prosecution of the appeal with effect,” nor “for performing the judgment, sentence or decree of the supreme court, in case the decision of said court shall be against the appellant,” as is required by Pasch. Dig., art. 1491.
*6222d. Because the bond as an appeal bond is illegal, void, and absurd, in that it binds the obligors, in any and every event, to pay all the costs of said suit and all the damages that may be adjudged therein.
A…
2Cases cited5 opinions
- State v. DelesdenierTexas Supreme Court · 1851
- Reed v. RoarkTexas Supreme Court · 1855
- Franklin v. KeslerTexas Supreme Court · 1860
- Kerr v. FarishMississippi Supreme Court · 1876
- Britt v. LowryTexas Supreme Court · 1878
3Cited by3 opinions
- Franklin v. TiernanTexas Supreme Court · 1884
- Laird v. Frieberg, Klien & Co.Court of Appeals of Texas · 1884
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