Legal Opinion

Gass v. State

Court of Criminal Appeals of Texas

Decided June 30, 1928No. 11892PublishedCited by 7 opinions

The opinion states the case.

1Opinion of the Court

MARTIN, Judge.

This is an appeal from a final judgment on a bond forfeiture against appellants. The bond in question binds the principal and sureties in the sum of $1000.00, jointly and severally. The judgment nisi exhibited in the record shows that a judgment was taken against the principal in the sum of $1000.00 and against the two sureties in the sum of $1000.00 each. Under the terms of the bond the sureties were jointly and severally bound for $1000.00 but not in the sum of $1000.00 each and a nisi judgment so reciting was clearly erroneous. There can be no valid final judg ment except…

2Cases cited3 opinions

  1. Bailey v. HicksTexas Supreme Court · 1856
  2. Jones v. Meyer Bros. Drug Co.Court of Appeals of Texas · 1901
  3. Reeves v. StateCourt of Criminal Appeals of Texas · 1928

3Cited by7 opinions

  1. Magless v. StateCourt of Criminal Appeals of Texas · 1929
  2. Dunn v. StateCourt of Criminal Appeals of Texas · 1932
  3. Morgan v. StateCourt of Criminal Appeals of Texas · 1952
  4. Western Surety Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1934
  5. Barrington v. StateCourt of Criminal Appeals of Texas · 1969

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