Martin v. Graham

Decided July 1, 1860

Texas Supreme Court · decided 1860-07-01

Error from Henderson. Tried below before the Hon. R. A. Reeves. Suit by defendant in error against plaintiff in error, on a promissory note, and judgment rendered in his favor in the District Court of Henderson county, on the 14th day of November, 1857, for the sum of one hundred and fifty-three dollars and fifty cents. On the 8th day of November, 1859, the plaintiff in error filed his petition for writ of error, and bond. The caption of the bond was as follows: ¡ “Wm.

Decided 1860-07-01

Roberts, J.

¶1The bond for the writ of error is defective, in not identifying the case in which it is given, and is otherwise informal in its condition. It does not show the number of the ease, the amount of the judgment, the term of the court, or the county in which the judgment was rendered, or anything else which would identify the case, except the names of the parties to the judgment. This is not sufficient; and as a bond of some sort is now required in cases of writs of error as well as appeals, the. writ of error in this case must be dismissed. ,

¶2Writ of error dismissed.