Legal Opinion

Johnson v. Robeson

Texas Supreme Court

Decided July 1, 1864PublishedCited by 4 opinions

Error from Liberty. Tried below before the Hon. James M. Maxcy. On the 18th day of October, A. D., 1857, James Robeson and John S. Beale recovered a judgment of William R. Johnson for a half league of land. On the 7th day of March, A. B., 1859, William R. Johnson filed in the office of the clerk of the District Court of Liberty county, a petition for a writ of error, reciting the judgment and praying for citations to be issued for James Robeson and John S. Beale.

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Error from Liberty. Tried below before the Hon. James M. Maxcy. On the 18th day of October, A. D., 1857, James Robeson and John S. Beale recovered a judgment of William R. Johnson for a half league of land. On the 7th day of March, A. B., 1859, William R. Johnson filed in the office of the clerk of the District Court of Liberty county, a petition for a writ of error, reciting the judgment and praying for citations to be issued for James Robeson and John S. Beale. On the same day, he filed a bond, payable to James Robeson and John S. Beale. On the 2nd day of November, A. D., 1859, William R.…

1Opinion of the CourtMoore, J.

However great the hardship or apparent the injustice resulting therefrom, under the rules of practice and the law as settled by former decisions of this court, the writ of error in this case must be dismissed. The bond was unquestionably executed after the death of one of the parties to whom it is made payable, and it is clearly, therefore, a nullity, and gives no jurisdiction of the case on the writ of error to this court. (Deal v. Rector, 12 Tex., 99.) It can not be regarded as sufficient to sustain the writ because one of the parties to whom it is executed was living, and because the…

2Cases cited1 opinion

  1. Dial v. RectorTexas Supreme Court · 1854

3Cited by4 opinions

  1. Summerlin v. ReevesTexas Supreme Court · 1867
  2. Hart v. MillsTexas Supreme Court · 1868
  3. Simmang v. CheneyCourt of Appeals of Texas · 1913
  4. Henningsmeyer v. First State Bank of ConroeTexas Supreme Court · 1918

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