Johnson v. Erskine ex rel. Hanger
Texas Supreme Court
Appeal from Grtadaloupe. This suit was instituted in tho District Court ior tlie county of G-uadalonpe to recover damages from the appellants for the loss ■of mules "and other property whilst attempting to cross tlie river at the ferry kept hy tlie appellants. The suit was brought bn tlie bond given by tlie appellants on their obtaining- a license to keep a ferry.
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Appeal from Grtadaloupe. This suit was instituted in tho District Court ior tlie county of G-uadalonpe to recover damages from the appellants for the loss ■of mules "and other property whilst attempting to cross tlie river at the ferry kept hy tlie appellants. The suit was brought bn tlie bond given by tlie appellants on their obtaining- a license to keep a ferry. It was taken under the 14th •section of the act of tlie congress of the republic of December 20th, 1836, article 1385 of Hartley’s Digest. That section reads as follows : “That at all times •“ tlie County Courts throughout this…
1Opinion of the CourtLipscomb, J.
It is manifest that the conditions of the bond sued on are not in conformity with those expressly required by the statute under which the bond was taken; but is such non-conformity sufficient to invalidate the bond ? In the cane of Janes et al. v. Reynolds, administrator, (2 Tex. R., 255,) this court acknowledged that the general rule on the subject of statutory bonds is, “ that when directed to be made in a particular mode, that mode must be pursued;” but we say that “this rule is subject to modifications, and it is laid “ down that to render a bond void for want of conformity to a statute…
2Cases cited2 opinions
- Morse v. HodsdonMassachusetts Supreme Judicial Court · 1809
- Commonwealth v. HatchMassachusetts Supreme Judicial Court · 1809
3Cited by28 opinions
- People v. HartleyCalifornia Supreme Court · 1863
- Adams v. WilliamsMississippi Supreme Court · 1910
- City & County of Sacramento v. DunlapCalifornia Supreme Court · 1859
- Watkins v. MinterTexas Supreme Court · 1915
- American Surety Co. of New York v. TarbuttonCourt of Appeals of Texas · 1923
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