Texas & P. Ry. Co. v. Mercer

CRITZ, Justice.

It appears from the record in this case that The Texas & Pacific Railway Company and E. F. Mercer were both dissatisfied with the judgment of the Court of Civil Appeals [58 S.W.(2d) 896] in this cause, and each filed an application for writ of error to this court. Both applications were granted.

It further appears that E. F. Mercer duly filed a writ of error bond, which bond contained the following condition:

“Now, therefore, we E. F. Mercer, plaintiff in error, as principal, and A. S. Noble and A. E. Jamison, as sureties, acknowledge ourselves to pay to the Texas & Pacific…