1875.1 KING V. HOPKINS. 49
Statement of the case.
Motion for new trial was overruled, and notice of appeal
given on the same day.
December 14th Hopkins filed his appeal bond in the sum
of one thousand dollars, conditioned: " That whereas the
said Turner King did, on the 9th day of December, 1868,
obtain a judgment against the said James E. Hopkins, jr.,
for four hundred and twelve dollars and fifty cents, as principal,
dollars and costs of suit, before the County
Court of Red River county, from which judgment the said
James E. Hopkins, jr., has taken an appeal to the District
Court of the State of Texas, to be holden in Clarksville on
the 6th day of April, 1869: now if the said James E.
Hopkins, jr., shall prosecute his said appeal, and obtain a
reversal of judgment, or pay said amount of principal, interest,
damages, and costs, with such amount of damages
as the said District Court shall award, then in that case this
obligation to be null and void, otherwise to remain in full
force and effect."
In the District Court, King moved to dismiss the appeal
on account of the insufficiency of the appeal bond, which
motion, on April 3, 1869, was overruled, and Hopkins was
granted leave to file a new bond, which was done on
After the second appeal bond was filed, King again moved
to dismiss the appeal, because the first bond was defective,
and the second was not filed within the time prescribed by
This motion was overruled, and at October term, 1874,
the case came on for trial. A jury being impaneled, and
plaintiff declining to introduce any evidence, the verdict
and judgment were for defendant, Hopkins.
Turner's motion for new trial was overruled, and he appealed
to the Supreme Court.
The errors assigned were the overruling of the first and
second motions to dismiss the appeal from the County
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 November 28, 2014.