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: 114
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114 CROSS v. CROSBY. [Tyler Term,
Statement of the case.
It is contended that if the judgment is affirmed against
the plaintiff in error, it should not be rendered in this
court against the sureties on his bond for supersedeas.
Sureties in signing a bond for writ of error identify
themselves with their principal as parties to the record, in
order to confer benefits upon him in the prosecution of
the suit, and in doing so undertake that he " shall comply
with the judgment, order, or decree of the Supreme Court
upon such writ, and pay all such damages as may be awarded
against him." This bond is to have the force and effect
of a judgment upon which execution may issue in case of
forfeiture. (Pas. Dig., art. 1495.)
When the judgment is affirmed against the principal, it
is also affirmed against those as sureties thereon without
any further notice, as parties to the suit, made so by their
becoming sureties on the bond.
There is no such change in the judgment in this case by
the amendment of it as to make it a different case or cause
Judgment is affirmed with ten per cent. damages.
AFFIRMED WITH DAMAGES.
[Associate Justice REEVES did not sit in this case.]
CROSS & CROSS, ADMINISTRATORS, V. CROSBY ET AL.
PRACTICE ON APPEAL IN AN AGREED CASE.-A transcript containling
the statement of the case and the facts proved, under art. 1561,
Pas. Dig., and which is signed by the attorneys of the parties as an
agreed case, but lacks the certificate of the district judge before whorm
the case was tried, is fatally defective.
APPEAL from Hopkins. Tried below before the Hop.
W. H. Andrew.
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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/m1/122/: accessed April 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .