52 KING v. HOPKINS. [Tyler Term,
Opinion of the court.
sufficiency in the amount of the bond, or to permit the
addition of another security on a certiorari bond, where but
one had signed, two being required by the statute. (Shelton
v. Wade, 4 Tex., 148; Hollis and Wife v. Border, 10
Tex., 277; Smith v. Cheatham, 12 Tex., 37; Berry v. Martin,
6 Tex., 264.)
The appeal bond in this case, which was approved by
the clerk of the County Court, departs so far from the bond
required by the statute that it3 amendment, or the permission
to file a new bond, was not in accordance with what has
hitherto been regarded as the settled practice of this court
on appeals from the District Court, and, as analogy, the
appeal from the County Court should have been dismissed
when the bond was adjudged to te insufficient, and the
taking of the second bond was erroneous.
It'remains only to inquire as to what disposition shall be
made of the case in the District Court.
The act of August 8, 1870, passed after the adoption of
the present Constitution, makes the clerks of the District
Courts custodians of all the papers and records of the
County Courts, and provision is made requiring the district
clerks to transfer all undetermined causes on the
County Court docket to the District Court docket for trial
as other causes in the District Court, with authority to the
clerks of the District Court to issue all writs, process, and
final executions, to complete the unfinished business of the
County Courts, and to carry their final judgments into full
execution. No further provision was made for the disposition
of such causes as were pending on appeal in the
District Court when the County Courts, as organized under
the act of 1866, were abolished. Where the appeal had
been perfected, and the cause was pending in the District
Court, under the previous statute in force at the time the
records were transferred, such causes would be tried as
other causes in the District Court.
The effect of dismissing 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 March 3, 2015.