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: 183
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1875.] BOYDEN V. AMCOLANE. 183
trial. The record discloses no reason why the plaintiff did
not take a nonsuit, if that was his object, or why he failed to
introduce some proof of his right to the property after the
cause had been submitted for trial, or failing in that why he
did not make it appear that he had merits in his case, and seek
another trial for the purpose of sustaining by proof his claim to
the property, showing in what his proofs consisted.
As the case is presented by the record there is nothing to
warrant the conclusion that appellant has been injured by the
judgment of which he complains, and it is affirmed without regard
to the ruling of the Court that the sequestration bond
was defective for want of a seal. Appellant is not in a position
to avail himself of the only error assigned for the reversal
of the judgment.
It is deemed proper to remark, to avoid misapprehension
hereafter, that the case of Foster and others against Champlin
& Co., 29 Texas, 22, expresses the views we entertain on the
question raised by the assignment whether a sequestration
bond is sufficient without a seal. Referring to the Act of February
2d, 1858, dispensing with the use of scrolls and seals,
excepting such contracts, etc., as are made by corporations, the
Court said: " This statute was evidently intended to embrace
" every instrument in the execution of which seals or scrolls had
" been before that time used." The language here used in reference
to an appeal bond without a seal, applies with equal
force to a sequestration bond. But on the grounds before
stated the judgment is affirmed.
JAMES BOYDEN V. JOHN MCCLANE.
1 SERVICE OF PROCESS.--There is no provision of law which can authorize,
a special constable to execute process issuing from the District Court.
Enrmon from Nueces. Tried below before the Hon. T. C,
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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/m1/191/: accessed June 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .