Simon v. LD Brinkman & Company

GREENHILL, Justice.

The narrow procedural question before us is whether there exists the bond, or its equivalent, necessary to give the Court of Civil Appeals jurisdiction of a writ of error. Following a judgment nihil dicit, the losers in the trial court made a substantial cash deposit with the clerk in lieu of an appeal and supersedeas bond. The complicated facts will be developed below; but in general, the losing parties, after having taken an appeal, elected to proceed in the Court of Civil Appeals by writ of error, and to dismiss the appeal. No new cash deposit was made. The district…