Gragg v. State
Court of Appeals of Texas
Appeal from the District Court of Taylor. Tried below before the Hon. T. B. Wheeler. This appeal is from a judgment final rendered on the forfeited bail bond of one W. Drury, charged with an assault with intent to murder P. H. Odom. The amount of the bond and judgment was §500.
1Opinion of the Court
Willson, Judge.
I. A bail bond, when taken by authority of law and returned into and placed upon the files of the proper court, is then an obligation of record. (Lawton v. The State, 5 Texas, 270.) Being an obligation of record, no material alteration of it can be made without the consent of all the obligors, either by leave or order of the court, or otherwise. A material alteration made without the consent of the obligors, at the instance of the officers of the State, would doubtless discharge the obligors. (Grant v. The State, 8 Texas Ct. App., 432; Heath v. The State, 14 Texas Ct. App.,…
2Cases cited1 opinion
- Lawton v. StateTexas Supreme Court · 1849