Warren v. Marberry & Son
Texas Supreme Court
This is a suit of trial of the right of property under the statute, instituted in the Justice Court by appellants as claimants of the property, and against appellees, who levied a writ of attachment upon the property in controversy for the debt of defendant P. S. Taylor. The appellees recovered judgment, and the claimants appealed to the County Court. The judge thereof being disqualified, the case was transferred to the District Court.
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This is a suit of trial of the right of property under the statute, instituted in the Justice Court by appellants as claimants of the property, and against appellees, who levied a writ of attachment upon the property in controversy for the debt of defendant P. S. Taylor. The appellees recovered judgment, and the claimants appealed to the County Court. The judge thereof being disqualified, the case was transferred to the District Court. The appeal was dismissed in the District Court, because, as the judgment recites, the “ appeal bond is wholly insufficient.” The judgment appealed from is as…
1Opinion of the Court
FISHER, Judge,
Section B.—The court below held the appeal bond insufficient, because it failed to describe, and misdescribed, the judgment appealed from. Appellants’ only assignment of error contends that the bond was not subject to these objections.
The judgment was rendered against the appellants and the sureties on their claim bond. The appellants only appeal. The appeal bond, in naming the parties against whom the judgment was rendered, does not mention the sureties, but simply states that it was rendered against the appellants J. L. Warren and Addie Warren. The judgment recovered against…
2Cases cited2 opinions
- Herndon v. BremondTexas Supreme Court · 1856
- Christian v. CrawfordTexas Supreme Court · 1883
3Cited by10 opinions
- McPhaul v. ByrdCourt of Appeals of Texas · 1915
- McDonald v. EdwardsCourt of Appeals of Texas · 1938
- Jones v. LawrenceCourt of Appeals of Texas · 1912
- Dye v. DyeColorado Court of Appeals · 1898
- McCaskey Register Co. v. GoochCourt of Appeals of Texas · 1930
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