Cherry v. State

DICE, Commissioner.

This is an appeal by the appellant L. C. Johnson, as surety upon an appearance bond from a judgment forfeiting the bond.

The transcript contains a certificate, filed by the clerk, which certifies that in lieu of a cost bond on appeal the appellant deposited with the clerk the sum of $100 in cash. It is shown by the certificate that the deposit was not made within thirty days after the rendition of judgment, as required by Rule 356, Vernon’s Texas Rules of Civil Procedure.

The failure to make the deposit of cash in lieu of the bond within the time required renders this court…