Waggoner v. Briggs
Court of Appeals of Texas
Appeal from Rockwall County Court; W. B. Wade, Special Judge. Action by Ed. S. Briggs and others against T. H. Waggoner and wife. Judgment for plaintiffs, and defendants appeal. On November 12, 1910, T. H. Waggoner was arrested on a felony charge, and on the evening of the same day of his arrest he executed a bail bond, which was approved by the justice of the peace, in the sum of $500, with E. S. Briggs and L. A. Wilkie as sureties.
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Appeal from Rockwall County Court; W. B. Wade, Special Judge. Action by Ed. S. Briggs and others against T. H. Waggoner and wife. Judgment for plaintiffs, and defendants appeal. On November 12, 1910, T. H. Waggoner was arrested on a felony charge, and on the evening of the same day of his arrest he executed a bail bond, which was approved by the justice of the peace, in the sum of $500, with E. S. Briggs and L. A. Wilkie as sureties. As an inducement to the sureties to sign the bail bond there was deposited by Waggoner with the sureties $500 in money, in order to secure and indemnify them in…
1Opinion of the CourtLevy, J.
(after stating the facts as above).
[1] The ninth assignment contends that the judgment is void because the judge who tried the case was legally disqualified. There is no bill of exception in the record showing any facts of disqualification, and we find nothing in the record that shows legal disqualifications.
The third assignment contends that the facts show that the fund was the separate, property of the wife of the intervener. The court made a contrary finding, and the finding is not, as a matter of law, unwarranted.
[2] Complaint is made by the fifth and sixth assignments of the extent of…
2Cases cited4 opinions
- Medley v. American Radiator Co.Court of Appeals of Texas · 1901
- Loftus v. WilliamsCourt of Appeals of Texas · 1900
- Welch v. RenfroCourt of Appeals of Texas · 1906
- Cope v. ShoemateMissouri Court of Appeals · 1909
3Cited by1 opinion
- Wirt Franklin Petroleum Corp. v. GruenCourt of Appeals for the Fifth Circuit · 1944