Evans v. Pigg
Texas Supreme Court
Appeal from Parker. The case was tried before Hon. Hat. M. Bupeord, one of the district judges. The appellant brought this suit to recover from the appellee a small lot of cattle, with damages for their detention. He set out his title specifically in his petition, alleging that he had purchased the cattle from one Alston, as the agent of one Scarborough, and that he paid for them with a balance due him on a joint note executed to him by the said Alston and Scarborough.
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Appeal from Parker. The case was tried before Hon. Hat. M. Bupeord, one of the district judges. The appellant brought this suit to recover from the appellee a small lot of cattle, with damages for their detention. He set out his title specifically in his petition, alleging that he had purchased the cattle from one Alston, as the agent of one Scarborough, and that he paid for them with a balance due him on a joint note executed to him by the said Alston and Scarborough. He alleged that the cattle were delivered to him in accordance with his purchase, and that he retained possession of them…
1Opinion of the CourtCoke, J.
—This case was returnable to the October term, 1859, of this court, and the record was filed on the 10th day of October of that year. At that term the case was continued by consent.
On the 12th day of December, 1860, a motion was filed by the appellee to dismiss, because the appeal bond does not appear to have'been approved or filed by the clerk of the District Court of Parker county. This motion, not having been made at the return term, is obnoxious to the rule laid down by this court in Horton v. Bodine, 19 Tex., 283, where, m reference to motions to dismiss for defects in the appeal bond,…
2Cases cited1 opinion
- Horton v. BodineTexas Supreme Court · 1857
3Cited by5 opinions
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- Home Telephone &. Electric Co. v. BrantonCourt of Appeals of Texas · 1928
- McFarland v. HammondTexas Supreme Court · 1915