First National Bank v. Preston National Bank
Texas Supreme Court
This is a question certified by the Court of Civil Appeals, Second District, in a case appealed from Wise County. The cause was pending in the Supreme Court when the law creating the Courts of Civil Appeals went into effect.
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This is a question certified by the Court of Civil Appeals, Second District, in a case appealed from Wise County. The cause was pending in the Supreme Court when the law creating the Courts of Civil Appeals went into effect. By the former court it was transferred to the said Court of Civil Appeals, under section 4, article 1060, Acts 1892, page 24. On a former day of the term of said Court of Civil Appeals, the court, of its own motion, dismissed the appeal, because all the parties in the' judgment appealed from, interested adversely to appellant, were not obligees in the appeal bond.…
1Opinion of the Court
STAYTON, Chief Justice.
The statute provides that “ Where there is a defect of substance or form in any apueal or writ of error bond, or motion to dismiss the same for such defect, the court may allow the same to be amended by filing in said Court of Civil Appeals a new bond, on such terms as the court may prescribe.” Gen. Laws 1892, sec. 39, p. 32.
This cause is one transferred by this court to the Court of Civil Appeals under the fourth section of the Act of April 13, 1892. Gen. Laws, p. 24. It was dismissed in that court on the ground that the appeal bond was not made payable to all persons…
2Cases cited1 opinion
- Taylor v. DuncanTexas Supreme Court · 1843
3Cited by14 opinions
- Cathey v. WeaverTexas Supreme Court · 1922
- Speckels v. KneipCourt of Appeals of Texas · 1942
- West v. GiesenCourt of Appeals of Texas · 1922
- Cathey v. WeaverCourt of Appeals of Texas · 1916
- Cannaday v. MartinCourt of Appeals of Texas · 1936
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