Walker v. Bennett

Opinion by

Ector, P. J.

§ 649. Replevy bond not void because executed for less than the statute requires. The bond as given by appellants was conditioned as required by law, and was a perfect statutory bond, except that the penalty was less than the statute required. [Pas. Dig. art. 3778.] It is clear, then, that the departure from the conditions prescribed by statute makes the bond less onerous. “If the departure from the conditions prescribed by statute makes the bond less onerous, then it may be enforced.” [Jones v. Rey*352nolds, 2 Tex. 260.] It has been decided in Alabama and Mississippi that…