State Franklin

This is an appeal of the State from a judgment of the district court quashing a bail bond after judgment nisi. The first point made against the bond is, that it had no file marks upon it, and was therefore not to be regarded as valid or binding upon the securities. This objection was not made in the district court, and cannot be considered here. (Allen v. Traylor, 31 Texas, 124.) Where there was a mere clerical error in the writ, which might have been amended, but the defendant was silent in the court below, suffering judgment to go against him by default, he cannot make the objection avail…