Berry v. Martin
Texas Supreme Court
Error from Cherokee. This was a proceeding by certiorari in the District Court to revise the judgment of a justice of the peace. The defendant in the certiorari, who was also defendant in the suit before the justice, moved to dismiss the certiorori upon the ground that the bond given to' obtain the writ, liad upou.it the name of but one surety.
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Error from Cherokee. This was a proceeding by certiorari in the District Court to revise the judgment of a justice of the peace. The defendant in the certiorari, who was also defendant in the suit before the justice, moved to dismiss the certiorori upon the ground that the bond given to' obtain the writ, liad upou.it the name of but one surety. The court permitted the plaintiff to amend by giving an additional surety upon the payment of costs, and overruled the motion to dismiss. There was a verdict and judgment for the plaintiff, and the defendant brought; a writ of error.
1Opinion of the CourtWheeler, J.
The giving of a bond in a case like the present, with but one surety, is not a compliance with the statute. (Mays v. Lewis, 4 Tex. R., 1.) But in the case of an appeal from the District Court to tills court, the appeal will not be dismissed merely for informality or insufficiency in the bond, if the, appellant will immediately cure the defect by giving a sufficient bond. (Shelton v. Wade, 4 Tex. R., 148.) The principle of the rule is applicable to the present case; and the court did not err in permitting the party to amend by giving an additional surety upon his bond. Where either no bond or…
2Cited by6 opinions
- King v. HopkinsTexas Supreme Court · 1874
- Vick v. Mobeetie Land Co.Court of Appeals of Texas · 1930
- Armstrong v. AndersonCourt of Appeals of Texas · 1934
- Armstrong v. AndersonCourt of Appeals of Texas · 1934
- Garrett v. GayTexas Commission of Appeals · 1881
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