Fitzgerald v. State
Court of Criminal Appeals of Texas
Appeal from District Court, Eastland. County; E. A. Hill, Judge. Louis Fitzgerald entered into bail bond, which was forfeited, and from judgment for the State against him and his sureties, two of the sureties appeal.
1Opinion of the CourtMorrow, J.
This is an appeal of T. M. Mirick and W. J. Mays from a judgment of |750 on a forfeited bail bond. The judgment nisi is upon a bond of Louis Fitzgerald, principal, and Roy Mays, T. M. Mirick, and W. J. Mays, sureties. The bond proved on this trial was one in which Louis Fitzgerald was principal, and T. M. Mirick and W. J. Mays sureties. A variance was urged in the court below, and is insisted upon on this appeal. The names ,of the parties to the appearance bond is an essential part of the judgment nisi, and upon an effort to make the judgment final a variance such as that described was a…
2Cases cited3 opinions
- Brown v. StateCourt of Appeals of Texas · 1889
- Lowe v. StateTexas Supreme Court · 1855
- Hutchings v. StateCourt of Appeals of Texas · 1887