McManus v. Wallis
Texas Supreme Court
Appeal from Liberty. Tried below before the Hon. Edwin Hobby. Suit for $20,000 damages, brought by E. M. Wallis against E. O. W. McManus, for alleged malicious prosecution.
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Appeal from Liberty. Tried below before the Hon. Edwin Hobby. Suit for $20,000 damages, brought by E. M. Wallis against E. O. W. McManus, for alleged malicious prosecution. The petition avers that McManus, at the time United States deputy marshal, did, on the 28th of May, 1872, go before the grand jury of the United States District Court, at Galveston, Texas, and maliciously caused Wallis to be indicted for resisting the execution of process in the hands of McManus, as United States deputy marshal; that he was arrested under said indictment, and that on the 18th of May, 1875, the same was…
1Opinion of the Court
Moore, Chief Justice.
The first ground of this motion is, that the bond given by appellant is not for an amount sufficient to support the appeal.. Judgment against appellant was rendered October 4, 1879, for .§2,000, with interest at eight per cent. The bond was. executed October 24, 1879. The cost which had previous to that time accrued, amounted to §58.70. The bond is required to be in a sum at least double the amount of the judgment, interest, and costs. (Eev. Stats., art. 1404.) The bond is for the sum of §4,200, and seems to us to fully and fairly comply with this requirement of the…
2Cases cited25 opinions
- Landa v. ObertTexas Supreme Court · 1876
- Hall v. JacksonTexas Supreme Court · 1848
- Stroud v. SpringfieldTexas Supreme Court · 1866
- Scoby v. SweattTexas Supreme Court · 1866
- Munns v. De NemoursU.S. Circuit Court for the District of Pennsylvania · 1811
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3Cited by36 opinions
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- American Motors Finance Co. v. ClecklerCourt of Appeals of Texas · 1930
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