Janes v. Langham
Texas Supreme Court
Appeal from Jefferson. The case was tried before Hon. H. C. Pedigo, one of the district judges. The judgment was by default and writ of inquiry upon a special verdict, which was returned on the 24th May, 1866, for $27,379 60, “ and interest from the 1st day of March, A. D. 1860, to the 21st day of May, 1866, and that the land described in the plaintiff’s petition is subject to the vendor’s lien.”
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Appeal from Jefferson. The case was tried before Hon. H. C. Pedigo, one of the district judges. The judgment was by default and writ of inquiry upon a special verdict, which was returned on the 24th May, 1866, for $27,379 60, “ and interest from the 1st day of March, A. D. 1860, to the 21st day of May, 1866, and that the land described in the plaintiff’s petition is subject to the vendor’s lien.” The judgment followed the verdict, without calculating the interest and adding it. The interest already accrued was $12,916 57, which, being added to the principal, made the entire amount of the debt…
1Opinion of the CourtCoke, J.
In this case a preliminary question arises on a motion to dismiss the appeal. Several grounds are assigned in support of the motion. It will be necessary for us to consider only one of them. It is objected that the appeal bond is not in conformity with the statute regulating the manner in which appeals from the judgment of a district court shall be taken. We think the objection is well founded. The judgment is for $27,379 60, besides ■costs, and the bond is in the penal sum of $5,100. In this particular the appeal bond is manifestly insufficient under Art. 549, O. & W. Dig., which requires…
2Cases cited1 opinion
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