Chambers v. Wife
| Decision Date | 01 January 1851 |
| Citation | 7 Tex. 75 |
| Parties | CHAMBERS v. MILLER AND WIFE. |
| Court | Texas Supreme Court |
An appeal bond conditioned that “if said appellant should sustain his appeal and prosecute it with effect, then this obligation shall be void, and otherwise it shall remain in full force and effect,” is not in conformity with the statute.
Where the bond given on appeal is not drawn in conformity with the statute, and the appellant fails to file the transcript, the appellee cannot obtain an affirmance of the judgment without reference to the merits.(Note 14.)
Where an appeal bond is not drawn in conformity with the statute, the appeal does not supersede the issue of execution on the judgment.
Appeal from Bastrop.The appellant having failed to file the transcript within the time prescribed by law, the appellees moved the court to affirm the judgment without reference to the merits.The appeal bond was conditioned that “if said appellant should sustain his appeal and prosecute it with effect, then this obligation shall be void, and otherwise it shall remain in full force and effect.”
Poage and Duval, for appellees.
In this case the transcript of the record not having been filed by the appellant, the appellees have moved for an affirmance of the judgment of the court below, under the provisions of art. 2938, Hart.Dig.On an inspection of the certified copy of the appeal bond, it is found not to be in conformity with the provisions of the statute in such cases made and provided, neither as a bond to supersede an execution nor for the costs and damages.
The bond certified by the clerk...
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Keel & Son v. Gribble-Carter Grain Co.
...of the judgment appealed from, and the parties interested might have proceeded in the proper manner to collect their money. Chambers v. Miller, 7 Tex. 75. If that be correct, then the defendants in error cannot claim that their judgment was superseded till this writ of error was sued out. S......
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Holloway v. Holloway
...supersedeas, nor writ of error annuls or impairs the judgment. Their sole effect is to suspend the execution of the judgment (Chambers v. Miller, 7 Tex. 75) pending its re-examination in the appellate court; and a judgment of affirmance neither satisfies, merges nor extinguishes the judgmen......
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Tarde v. Benseman
...for the purpose of testing whether, admitting the case made by the petition to be true, the plaintiff had a good case in law. Chambers v. Miller and Wife, 7 Tex. 75.E. B. Turner, Attorney General, for the appellee. I. Qui tam action, instituted by appellee, assessor and collector of Medina ......