Jenkins v. McNeese
Texas Supreme Court
Appeal from Washington. Tried below before the Hon. I. B. McFarland. This was an injunction suit instituted by the appellee against James W. and Harriet A. Jenkins, and T. A. Baker, sheriff of Washington county, to restrain execution in favor of J. W. and H. A. Jenkins against one W. B. Lipscomb and petitioner McNeese, emanating from a delivery bond executed by Lipscomb as principal and McNeese as surety.
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Appeal from Washington. Tried below before the Hon. I. B. McFarland. This was an injunction suit instituted by the appellee against James W. and Harriet A. Jenkins, and T. A. Baker, sheriff of Washington county, to restrain execution in favor of J. W. and H. A. Jenkins against one W. B. Lipscomb and petitioner McNeese, emanating from a delivery bond executed by Lipscomb as principal and McNeese as surety. This bond was dated April 5, 1860, and bound the makers for the delivery of the property on the third of the same month—a day already elapsed. The injunction was perpetuated by the district…
1Opinion of the CourtWalker, J.
We think the motion to dismiss in this case is well taken. It does not appear from the certificate of the clerk that the record before us is a complete transcript of all the proceedings had in the case.
The certificate is not in accordance with the requirements of the law, article 1494,. Paschal’s Digest. Th|e appeal bond misdescribes the judgment.
Were we to determine the case on its merits, we can only look to the pleadings in the case, there being no statement of the facts which we can regard as such. (See 23 Texas, 65, Fulgham v. Bendy, and Birge v. Wanhop, Ib., 441.) The judgment of the…
2Cases cited3 opinions
- Fulgham v. BendyTexas Supreme Court · 1859
- Smith v. Kinney's ExecutorsTexas Supreme Court · 1870
- Parker v. NationsTexas Supreme Court · 1870
3Cited by4 opinions
- Putnam v. PutnamArizona Supreme Court · 1890
- Conlee v. BurtonCourt of Appeals of Texas · 1945
- Morris v. EdwardsCourt of Appeals of Texas · 1878
- Thompson v. Welders Supply Co.Court of Appeals of Texas · 1935