Lone Star Steel Company v. Owens

On a more careful examination of the record in this case on motion for rehearing, I find that the clerk of the trial court did not fix the probable amount of cost in this case; neither did such clerk approve the appeal bond. I seriously doubt that the appeal has been duly perfected, or that we have jurisdiction of the appeal. Pinkston v. Victoria Bank & Trust Co., Tex.Civ.App., 210 S.W.2d 612, no writ history; Horton v. Stone, Tex.Civ.App., 268 S.W.2d 247, no writ history. Although, there are authorities that seem to support the theory that where the bond was filed by the clerk within the…