Oldfield v. Lester

This is an original application for writ of mandamus to require the trial judge to fix the amount of bond necessary to supersede a final judgment awarding the care and custody of a minor (a girl under three years of age) to the Methodist Home at Waco. The question presented for our consideration is the asserted right of the relators, as a matter of law, under the provisions of Rule 364, subdivision (e), Texas Rules of Civil Procedure, to have the court fix the amount of such bond in order that the relators may supersede said judgment and thereby have the care and custody of said minor pending…