48 KING v. HOPKINS. [Tyler Term,
Statement of the case.
ported by any facts in evidence or action of the court. The
court in the charge presented the questions involved in the
trial to the jury in quite as favorable a manner to defendants
as was consistent with the pleadings and evidence.
The charges asked by defendants applicable to the case
had in substance been clearly stated by the judge in his
generAl charge to the jury.
The sixth assignment of error, that the court erred in
refusing defendants a new trial for the reasons stated in
the motion for a new trial, must be sustained. The improper
admission of the Comptroller's certificate in evidence, and
the uncertain nature of C. B. Kilgore's testimony, the sole
witness for plaintiff on the question of indebtedness, authorized
the granting a new trial. The eighth assignment
it is not necessary to notice.
REVERSED AND REMANDED.
TURNER KING V. JAMES E. HOPKINS.
1, DEFECTIVE APPEAL BOND.-See a bond held fatally defective as appeal
bond from the County Court to the District Court, and which
could not be supplied by a new bond, so as to confer jurisdiction
upon the District Court.
2. APPEAL BOND, WHEN SUBSTITUTED.-This court has allowed new
appeal bonds to be substituted only when the original bond was insufficient
in amount, or when signed by but one security.
3. PRACTICE IN SUPREME COURT.-Upon the Supreme Court reversing
the judgment of the District Court overruling a motion to dismiss
the appeal from the County Court, (under act of 1866,) the
original appeal is dismissed, and the case certified to the District
Court, to be enforced as unfinished business of the County Court.
APPEAL from Red River. Tried below before the Hon.
John C. Easton.
Turner King sued James E. Hopkins in the County
Court of Red River county, and on December 9, 1868,
judgment was rendered for King for $412.50 and costs.
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed April 28, 2015.