Yeary v. Smith
Texas Supreme Court
Error from Gonzales. Tried below before the Hon. Henry Maney. A motion was made to dismiss the writ for want of a sufficient error bond, there being but one surely, and because the bond was not conditioned as required by law.
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Error from Gonzales. Tried below before the Hon. Henry Maney. A motion was made to dismiss the writ for want of a sufficient error bond, there being but one surely, and because the bond was not conditioned as required by law. The bond was conditioned “ that plaintiffs in error shall prosecute said suit with effect, and comply with the judgment, order, or decree of the Supreme Court upon said writ of error, and well and truly pay all such sums of money as may be awarded against them.” This was a suit by W. D. Smith to enjoin an execution and judgment in the District Court of Gonzales county in…
1Opinion of the Court
Walker, Justice.
The motion to dismiss this case for want of a sufficient bond is overruled — the court regarding the bond as in substantial compliance with the statute. (Paschal’s Dig., art. 1517.)
The rulings of the court below were mainly in compliance with the views entertained by the counsel for the plaintiff in error.
The evidence of Watson offered to prove that by an agree*66ment between himself and A. P. Ferguson the execution in the hands of the sheriff Bass was held up from the 21st day of August, 1861, until the 1st day of January, 1862, and was improperly excluded from the jury on the…
2Cases cited8 opinions
- King v. BaldwinNew York Court of Chancery · 1817
- Lenox v. ProutSupreme Court of the United States · 1818
- Burke v. CrugerTexas Supreme Court · 1852
- Inbusch v. FarwellSupreme Court of the United States · 1862
- Wybrants v. LutchTexas Supreme Court · 1859
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3Cited by20 opinions
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