Legal Opinion

McClellan v. State

Texas Supreme Court

Decided July 1, 1858PublishedCited by 9 opinions

Appeal from Bexar. Tried below before tbe Hon. Thomas J. Devine. The amount of tbe bond given by McFarland, as principal, and McClellan and Martin, as bis sureties for tbe appearance of McFarland before tbe District Court, was one hundred and fifty dollars. Yerdict and judgment against tbe appellant, McClellan, for tbat amount, and cause dismissed as to tbe defendant Martin.

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Appeal from Bexar. Tried below before tbe Hon. Thomas J. Devine. The amount of tbe bond given by McFarland, as principal, and McClellan and Martin, as bis sureties for tbe appearance of McFarland before tbe District Court, was one hundred and fifty dollars. Yerdict and judgment against tbe appellant, McClellan, for tbat amount, and cause dismissed as to tbe defendant Martin. Tbe bond was conditioned as follows: “ The condition of the above obligation is such, tbat, if tbe said “ff. W. McFarland, shall be and appear at tbe next term of “tbe District Court, to be held in and for said county and…

1Opinion of the CourtBell, J.

The petition alleges that the appellant, McClellan, and one Martin, “are indebted to the State of Texas in the “sum of two hundred dollars, for so much money had and “received by them, for the use and benefit of the said State.” The petition then explains the circumstances, under which the *408said sum of money came into the hands of the said McClellan and Martin. The petition states that one McFarland was arrested, and brought before a justice of the peace of Bexar county, on a charge of burglary, and was required to give bond for his appearance at the next term of the District Court for that…

2Cases cited1 opinion

  1. De Witt v. Miller's Adm'rTexas Supreme Court · 1852

3Cited by9 opinions

  1. City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
  2. Gohlman v. GriffithTexas Commission of Appeals · 1922
  3. Evans v. EvansCourt of Appeals of Texas · 1923
  4. Stansbury v. NicholsTexas Supreme Court · 1867
  5. Park v. Prendergast, Smith & Co.Court of Appeals of Texas · 1893

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