50 KKING v. HOPKINS. [Tyler Term,
Opinion of the court.
Clark & Todd, for appellant.
No brief for appellee.
REEVES, ASSOCIATE JUSTICE.-This suit was brought by
appellant against appellee in the County Court of Red
River county, and taken by appeal to the District Court of
that county, and thence to this court. The suit was conimenced
in 1868, in the County Court, as organized under
the act of 1866, and appealed to the District Court before
the adoption of the present Constitution.
The grounds for the appeal to this court will appear
from the assignment cf errors, as follows:
1. For error in overruling plaintiff's first motion to dismiss
the appeal, and for permitting defendant to file a new
2. For error in overruling plaintiff's second motion to
dismiss the appeal.
3. Overruling plaintiff's motion for a new trial. The
motion for a new trial was based on the grounds assigned
for error, and the further ground that the verdict of the
jury was contrary to the law and the evidence.
After the cause reached the District Court, appellant in
this court, and who was appellee in the District Court,
moved to dismiss the appeal froln the County Court, for
the reason, among others, that the appeal bond was not
conditioned as the law requires. It appears from a bill of
exceptions taken at the time, that the court held the bond
to be insufficient, but refused to dismiss the appeal, and permitted
the appellant in that court (appellee) to file a new
bond, which was done, and the bond was approved by the
District Court clerk. Appellant moved again to dismiss
Because the appeal bond filed December 14, 1868, is/
not conditioned as the law requires.
2. Because the appeal bond filed April 7, 1869, was not,
filed within the time prescribed by law.
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 August 29, 2014.