Foster v. J. W. Champlin & Co.
Texas Supreme Court
Appeal from Calhoun. The case was tried before Hon. Fielding Jones, one of the district judges. The principal question decided in the case arose upon the motion to dismiss the appeal, because the appeal bond was not under seal.
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Appeal from Calhoun. The case was tried before Hon. Fielding Jones, one of the district judges. The principal question decided in the case arose upon the motion to dismiss the appeal, because the appeal bond was not under seal. The difficulty on the question of principal and surety grew out of the fact that, the principal having died before suit was brought, his representative was not made a party— indeed could not well have been;*for it was averred that the claim, had been presented to his administrator, and allowed and approved by the county court; therefore the demand stood as ¿judgment…
1Opinion of the CourtWillie, J.
A preliminary question arises in this case upon the motion of appellees to dismiss the appeal because the bond is not under seal. The statute requires “ that any party taking an appeal shall, within twenty days after the term of the court at which the judgment or decree was rendered, enter into bond, with two or more sureties,” &c. (O. & W. Dig., Art. 549.) It does not in express terms require that the bond should be under seal; but it is urged that .the word “bond,” as used therein, has a technical meaning, derived from the common law, which was the rule of decision in our courts at the time…
2Cited by9 opinions
- Miller v. LetzerichTexas Supreme Court · 1932
- Clements v. Texas Co.Court of Appeals of Texas · 1925
- Smith v. DunlavyTexas Supreme Court · 1869
- Canode v. SewellCourt of Appeals of Texas · 1914
- Clayton v. MooringTexas Supreme Court · 1874
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