E. Eppstein & Co. v. Holmes & Crain
Texas Supreme Court
Appeal from Lamar. Tried below before the Hon. R. R. Gaines. On the 27th of April, 1883, the appellees, Holmes & Crain, recovered a judgment in the district court of Lamar county on their plea in reconvention in the case of Eppstein & Co. v. Holmes & Crain et al., against appellants and M. Yesner, surety on attachment bond, for the sum of $70.05, being the amount of actual damages as found by the jury over and above appellants’ debt, and against appellants alone for $1,300…
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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. On the 27th of April, 1883, the appellees, Holmes & Crain, recovered a judgment in the district court of Lamar county on their plea in reconvention in the case of Eppstein & Co. v. Holmes & Crain et al., against appellants and M. Yesner, surety on attachment bond, for the sum of $70.05, being the amount of actual damages as found by the jury over and above appellants’ debt, and against appellants alone for $1,300 vindictive damages. In the same case and at the same time, the appellees Schneider & Bro., who were intervenors,…
1Opinion of the Court
Walker, P. J. Com. App.
The main question in this case is, •whether, after an appeal has been perfected with a cost bond merely (and which therefore does not operate as a supersedeas of the judgment appealed from), a writ of error prosecuted by the same appellant, under a supersedeas writ of error bond, and made returnable to the same term of the supreme court, as is the appeal thus taken, has the effect to supersede the judgment so as to prevent the issuance of an execution to satisfy the judgment, and in other respects to supersede the legal effect of the judgment. In other words, does the…
2Cases cited4 opinions
- Republic of Texas v. SmithTexas Supreme Court · 1841
- Perez v. GarzaTexas Supreme Court · 1880
- Smith v. StateTexas Supreme Court · 1849
- Thomas v. ThomasTexas Supreme Court · 1882
3Cited by19 opinions
- Scottish Union & National Insurance v. ClanceyTexas Supreme Court · 1898
- Harding v. City of RaymondvilleTexas Commission of Appeals · 1933
- Pratley v. Sherwin-Williams Co. of TexasTexas Commission of Appeals · 1931
- Hawkeye Securities Ins. v. CashionCourt of Appeals of Texas · 1927
- City of Ft. Worth v. Capps Land Co.Court of Appeals of Texas · 1918
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