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: 309
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1875.] MILLER V. THE STATE. 309
Opinion of the Court.
before proceeding further with the cause; but the court overruled
the exceptions, and perpetuated the injunction on the
condition of the plaintiff's executing another bond within the
time required by the order. This action of the court was
The new bond was given, but it did not comply with the
requirements of the statute; its conditions are made to depend
upon the decision of the Supreme Court in dissolving the injunction,
and it cannot be regarded as the proper bond under
tho statute, if it had been sufficient otherwise, and to sustain
the proceedings, it would be in effect to give the plaintiff the
benefit of the injunction without bond.
The allegations of the petition are insufficient to entitle the
plaintiff to the relief prayed for in his petition, and to that
extent the defendant's exceptions should have been sustained.
Without intimating any opinion on the other questions discussed
in the brief for appellant, the judgment of the District
Court is reversed and the cause dismissed.
Reversed and dismissed.
MACK MILLER V. THE STATE.
HABEAS CORPUS, PRACTICE. On appeal in Habeas Corpus cases, the record
should contain testimony as to the pecuniary circumstances of the accused,
so as to enable the court to act advisedly in fixing the amount of
bail, if granted.
APPEAL from Lamar. Order refusing bail made by Hon.
J. 0. Easton.
The testimony is voluminous, and its insertion would be
necessary to show the grounds of the action of the court in
admitting to bail, if attempted to be given.
MOORE, J. If it can be said that it is certainly shown by
the evidence in the present record, that the homicide for which
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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/m1/317/: accessed October 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .