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10 Tex. 296

Hooper v. Brinson

Texas Supreme Court

Decided July 1, 1853

Texas Supreme Court · decided 1853-07-01

<p>The statute (Hart. Dig., artl 189) requires that there shall be two sureties in an appeal bond; and where there was but one, the appeal was dismissed.</p>

Cited by 1 later decisions — most recently January 1925

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1853-07-01

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Lipscomb, J.

¶1The appeal bond given by the appellant in this case is executed by the appellant and one security only. The statute (art. 789, Hart. Dig.) provides that “any party inking an appeal shall, within twenty days “after the term of the court at which the judgment or decree was rendered, “ enter into bond with two or more sureties, to be approved by the cleric of “ the court, in double the amount of tiro debt or damages, or the value of the “slaves or other personal property adjudged,” &c., &c. The statute is explicit in requiring two sureties to the appeal bond. There being but one, the motion to dismiss the appeal on this ground is sustained.

¶2Appeal dismissed.

Wheeler, J-., having been of counsel, did not sit in this case.
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