Cox v. State
Court of Criminal Appeals of Texas
■ Writ of Error from the District Court of Throckmorton. Tried below before Hon. Ed. J. Hammer, Special Judge. On the 8th day of April, 1892, Sam Cox, as principal, with C. F. Cox and H. H. Landsaw as sureties, entered into a bail bond in the sum of $300 for the appearance of said Sam Cox before the District Court of Throckmorton County, to answer to an indictment for assault with intent to murder.
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■ Writ of Error from the District Court of Throckmorton. Tried below before Hon. Ed. J. Hammer, Special Judge. On the 8th day of April, 1892, Sam Cox, as principal, with C. F. Cox and H. H. Landsaw as sureties, entered into a bail bond in the sum of $300 for the appearance of said Sam Cox before the District Court of Throckmorton County, to answer to an indictment for assault with intent to murder. This bond was regularly forfeited, and judgment nisi rendered against the principal and sureties. Scire facias was duly, issued, and at the next term the judgment was made final against the…
1Opinion of the Court
DAVIDSOH, Judge.
This writ of error is prosecuted from a judgment rendered against the sureties on a forfeited bail bond. The record discloses that judgment nisi was entered against principal and sureties, and upon final hearing, judgment rendered against the sureties. This judgment was not made final as to the principal, nor was any disposition of the case made as to such principal. He being a necessary party to the suit, should have been disposed of in some legal manner, in order to constitute the judgment rendered a finality. This not having been done, the judgment rendered is not such a…
2Cases cited4 opinions
- Wootters v. KauffmanTexas Supreme Court · 1887
- Mignon v. BrinsonTexas Supreme Court · 1889
- Simpson v. BennettTexas Supreme Court · 1874
- Martin v. CrowTexas Supreme Court · 1866
3Cited by3 opinions
- Heiman v. StateCourt of Criminal Appeals of Texas · 1913
- Ryan v. StateCourt of Criminal Appeals of Texas · 1917
- Pennebaker and Roberts v. StateCourt of Criminal Appeals of Texas · 1931