Jesse French Piano & Organ Co. v. Elliott
Court of Appeals of Texas
Error to District Court, Dallas County; Kenneth Foree, Judge. Action by J. T. Elliott against the Jesse French Piano & Organ Company and Nida H. Hopkins. Judgment for plaintiff, and defendants bring error. The suit was by Elliott against Miss Nida H. Hopkins and the Jesse French Piano & Organ Company.
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Error to District Court, Dallas County; Kenneth Foree, Judge. Action by J. T. Elliott against the Jesse French Piano & Organ Company and Nida H. Hopkins. Judgment for plaintiff, and defendants bring error. The suit was by Elliott against Miss Nida H. Hopkins and the Jesse French Piano & Organ Company. As against Miss Hopkins, Elliott sought a recovery for a balance due and unpaid on a promissory note for $1,500, interest and attorney’s fees in his favor, made by her April 24, 1908, and, as against the piano and organ company, a recovery of the value of three Ivers & Pond pianos and two Starr…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above).
[1-3] The judgment is before us for review on a writ of error sued out by Miss Hopkins, and also on a writ of error sued out by the piano and organ company. But we cannot consider the objections thereto urged by the former, because she failed to comply with the law which required that she should either file a bond or, in lieu thereof, should mate proof of her inability to pay the costs of an appeal. Article 2098, R. S. 1911; De la Vega v. League, 2 Tex. Civ. App. 252, 21 S. W. 565; Bank v. Carper, 28 Tex. Civ. App. 334, 67 S. W. 188; Stafford v. Blum, 7 Tex.…
2Cases cited9 opinions
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