Lewis v. Davidson's
Texas Supreme Court
Error from Harris. Tried below before the Hon. James Masterson. This cause was dismissed on motion filed in this court February 10, 1873, because no bond for costs had been filed, as required by the statute.
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Error from Harris. Tried below before the Hon. James Masterson. This cause was dismissed on motion filed in this court February 10, 1873, because no bond for costs had been filed, as required by the statute. On the tenth of February, 1873, a certified copy of a cost bond was filed in this court, the original of which was approved by the district clerk January 28, 1873. More than two years had elapsed from the date of the judgment before the cost bond was filed with the district clerk. The plaintiff in error moved for a rehearing, and to reinstate the cause.
1Opinion of the CourtMcAdoo, J.
On rehearing, we have deemed it prqper to set aside the order dismissing the cause, because of the original non-filing of a cost bond. We find there is a good writ of error bond, and though irregularly filed there is now a cost bond. We think, therefore, that justice requires that the cause be examined on its merits.
This was a suit upon two notes, of date December 23, 1867, each for the sum of $3443.11, and due respectively in thirty and sixty days.
These notes were signed “ W. T. Austin & Co.,” and were payable to the order of W. L. Davidson. It was charged in the petition that the notes were…
2Cited by3 opinions
- Lewis v. DavidsonTexas Supreme Court · 1879
- Grubbe v. PierceWisconsin Supreme Court · 1914
- Farrell v. GilbertCourt of Appeals of Texas · 1922