Farmer v. R. B. Cassity DBA Cassity Lumber Co.

The question certified in this case concerns the proper forum for inquiry into the validity of a supersedeas bond.

Respondent R. B. Cassity recovered judgment against Elbert Farmer on a promissory note. Farmer gave notice and perfected his appeal by filing a supersedeas bond executed by James E. Faulkner as Deputy Attorney In Fact for Lawyers Surety Corporation.

The Court of Civil Appeals, 252 S.W. 2d 788, affirmed the judgment of the trial court and then under Rule 435, Texas Rules of Civil Procedure, rendered judgment against both the defendant and Lawyers Surety Corporation. After issuance…