Chambers v. Miller
Texas Supreme Court
Appeal from Bastrop. The appellant having failed to file the transcript within the time prescribed by law, the appellees moved the court to affirm the judgment without reference to tlie merits. The appeal bond was conditioned that “if said appellant should sustain his appeal and prosecute it with effect, then this obligation shall be void, and otherwise it shall remain in full force and effect.”
1Opinion of the CourtLipscomb, J.
In this case the transcript of the record not having been filed by the appellant, the appellees have moved for an affirmance of the judgment of the court below, under the provisions of art. 293S, Hart. Dig. On an inspection of the certified copy of the appeal bond, it is found not to be in conformity with the xirovisions of the statute in such cases made and provided, neither as a bond to supersede an execution nor for the costs and damages. (See arts. 791, 793, Hart. Dig.)
The bond certified by the cleric is conditioned, “if said appellant should sustain his appeal and prosecute it with…
2Cited by6 opinions
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- Young v. RussellTexas Supreme Court · 1884
- Keel & Son v. Gribble-Carter Grain Co.Court of Appeals of Texas · 1911
- Smith & Williams v. ParksTexas Supreme Court · 1881
- H. & T. C. R. R. v. McGlassonTexas Commission of Appeals · 1881
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