Dial v. Rector

Decided July 1, 1854

Texas Supreme Court · decided 1854-07-01

Motion to dismiss the appeal, on the ground that the obligee in the appeal bond was dead when the bond was executed. After notice to appellant, the affidavits of two witnesses, who proved the fact, were taken before a notary, and filed with the motion.

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Decided 1854-07-01

How this case has been cited

Cited by 4 later decisions — most recently June 1937

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Lipscomb, J.

¶1In this case, a motion has been submitted to dismiss the appeal, on the ground that the appeal bond was made after the death of the obligees. It is clear, that the bond, so made, is a nullity; and as, according to the decisions of this Court, an appeal bond is essential to the exercise of the jurisdiction of the Court, by appeal, the motion to dismiss must be sustained. A question of practice was made, as to how the fact of the death of the pbligee, before the bond was made, shall be proven in this Court. We have no doubt that *100it is competent to show the fact by affidavit, as has been done in this case. See case of Harris v. Hopson, 5 Tex. R. 529.

¶2Appeal dismissed.