Hart v. Mills
Texas Supreme Court
Error from El Paso. The case was tried before Hon. William P. Bacon, one of the district judges. The suit was for false imprisonment. The plaintiff, Mills, alleged that Hart had caused his arrest in El Paso, Mexico, whereby he was brought back to Texas and severely treated. The defendant’s counsel filed an affida-. vit for continuance, but put in no plea, and the defendant, being in default, the plaintiff recovered $50,000 damages. From this judgment Hart prosecuted error.
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Error from El Paso. The case was tried before Hon. William P. Bacon, one of the district judges. The suit was for false imprisonment. The plaintiff, Mills, alleged that Hart had caused his arrest in El Paso, Mexico, whereby he was brought back to Texas and severely treated. The defendant’s counsel filed an affida-. vit for continuance, but put in no plea, and the defendant, being in default, the plaintiff recovered $50,000 damages. From this judgment Hart prosecuted error. The case having been docketed in the Supreme Court, George W„ Paschal, for Mills, the defendant in error, filed the…
1Opinion of the CourtHamilton, J.
—This cause is before us on a motion of the defendant in error to dismiss the writ of error for want of jurisdiction in this court. The motion is predicated upon the ground that the plaintiff in error has failed to execute a bond, as required by statute, to entitle him to the writ of error.
The facts set forth in the motion are verified by the oath of the attorney of the defendant in error; and are substantially to this effect: That the bond contained in the transcript of the record is improperly there; that no such original paper, signed as that is, or by any parties whatever, was ever filed…
2Cases cited7 opinions
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