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. Page: 105
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1875.] REN, v. SAMOS. 105
Statement of the case.
notices of appeal were given, and separate appeal bonds
The cause was docketed in Supreme Court in the style
of the original suit, B. Renu et at. v. Sarah Samos et al.,
but the parties against whom the appeal was taken, and
who were alone interested, were Wiggins, the receiver, and
Mead, the deputy district clerk, (who had formerly been
The receiver had made an account, to which plaintiffs
had filed exception. An auditor had examined and reported
upon the account. Upon trial, a verdict was rendered
in favor of plaintiffs for six hundred dollars, upon
which the court rendered judgment"That
said J. M. Wiggins recover in cause No. 1987,
wherein Benedict Renn, Sempronius Renn, M/arzell Renn,
Mathias Renn, Anson Stroble, and his wife, Suzina Stroble,
are plaintiffs, and Wmn. P. Brittain, Leopold Veeth, and
Sarah Samos, executrix of the last will of E. Samos, deceased,
are defendants, be required to pay, on or before the
28th day of December, A. I. 1873, to the said plaintiffs,
B. Renn et at., or their attorneys of record, the sum of six
hundred dollars; and should said J. M. Wiggins, receiver
aforesaid, fail to pay said sum at the time mentioned, then
he, the said Wiggins, receiver, shall be considered in contempt
of the order of this court, and said plaintiffs are
authorized to put in suit his bond, and to issue scire facias
to his sureties on his official bond for six hundred dollars
Appellee, Wiggins, urged a motion to dismiss the appeal
for the reasons: (1,) because there was no agreed
statement of facts, and no statement of facts certified and
approved by the judge who tried the cause; (2,) because
there was no final judgment rendered in the case from
which an appeal can lie to this court; and, (3,) because
the transcript filed in this cause contains the record of
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/113/: accessed September 26, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .