Armstrong v. American Bank & Trust Co.

In this case, the Court of Civil Appeals, under Article 1857, Vernon's Anno. Texas Civil Statutes, entered judgment against the Metropolitan Insurance Company, as surety on the supersedeas appeal bond of plaintiff in error, John H. Kirby, and applicaton for writ of error by Kirby has been refused. John H. Kirby having been adjudged bankrupt and asking no rehearing here, his surety asks leave to file a motion for rehearing of the judgment of this court. The supersedeas surety against whom a judgment has been rendered is a party to the suit and to the writ of error. Art. 1767, R. S. In order to…