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: 108
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108 RENN,V. SAMOS. [Tyler Term,
Opinion of the court.
appeal bonds are given, could all be properly determined
and disposed of as mere parts of one case.
As liberal as the practice of this court has always been
in all matters relating to the mere form and manner of
bringing proceedings of the District Court to which its
appellate jurisdiction extends, before it, evidently there
would be such al incongruity in presenting appeals in different
causes in which different judgments in favor of or
against different parties would have to be pronounced, as
could not be sanctioned or permitted by the court, unless
authorized by statute. This certainly has not been done
in cases of this character.
Nor would the amount involved in one case more tlian
the other, the prominence given it in the court below, its
priority of determination or position in the transcript, authorize
the court to dismiss the other case, or treat so much
of the transcript as referred to it as surplusage, if the certificate
of the clerk gave the same verity and credit to tlle
record as to both. Under such circumstances the court
would be constrained to dismiss both appeals for the improper
manner of presenting them.
An examination of the certificate of the clerk, however,
relieves us from the necessity of doing this on the present
occasion. The clerk certifies that the transcript " contains
a true and correct copy of all the papers and proceedings in
cause No. 1,981, styled B. Renn et al. v. Mrs. Sarah Samos,
executrix, et al., in the matter of passing the final account
of J. M. Wiggins, receiver in said cause, and also a true
statement of a bill of cost in the same." Evidently this
certificate does not gives such authenticity to the motion
to retax the costs, and the proceedings and judgment of
the court thereon, as to require us to regard the appeal
taken from the judgment on this motion as being now
before us. We are, therefore, warranted in treating so
much of the record referring to that matter as surplusage,
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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/m1/116/: accessed October 18, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .