Burger v. Weatherby

• Decision Date: 27 January 1906
• Citation: 91 S.W. 250
• Parties: BURGER v. WEATHERBY.
• Court: Texas Court of Appeals

91 S.W. 250

BURGER v. WEATHERBY.

Court of Civil Appeals of Texas.

January 27, 1906.

Appeal from Wise County Court; J. G. Gose, Judge.

Action between Robert Burger and W. C. Weatherby. From a judgment dismissing an appeal from a justice's court, the former appeals. Reversed.

J. M. Basham and L. W. Sandusky, for appellant. T. J. McMurray, for appellee.

STEPHENS, J.

The court erred in holding the appeal bond to be insufficient and in dismissing the appeal from the justice's court. True, the appeal bond misdescribed the judgment as to the amount recovered, naming $117, instead of $111.72; but in no other respect did it misdescribe it. It correctly stated the date of the judgment, and contained recitals showing the number and style of the cause and the court in which the judgment was rendered. That the misdescription complained of was not fatal to the appeal seems to be established by numerous authorities, of which we need cite only the following: Warren v. Marberry & Son, 85 Tex. 193, 19 S. W. 994; M., K. & T. Ry. v. Vowell (Tex. Civ. App.) 34 S. W. 354; Niblo v. Dyer (Tex. Civ. App.) 56 S. W. 216; T. & P. Ry. v. Fields (Tex. Civ. App.) 63 S. W. 653.

The judgment is therefore reversed, and the cause remanded for a trial on the merits.