Kubish v. State.

From a final judgment of a justice court forfeiting an appearance bond Emil Kubish, E.R. Rabel, Henry Billeck, C.C. Joplin and E.C. Nocek, appellants, have attempted to appeal directly to this court.

The power conferred by article 61, C.C.P., upon a justice of the peace to take forfeitures of all bail bonds given for the appearance of any party at his court, regardless of the amount, has been sustained by the civil courts. Garner v. Smith,40 Tex. 505; Fleming v. Bonine, 204 S.W. 364. Article 864, C.C. P., reads as follows: "An appeal may be taken by the defendant from every final judgment…