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29 Tex. 487

Grier v. State

Texas Supreme Court

Decided January 15, 1860

Texas Supreme Court · decided 1860-01-15

Error from Harris. It seems that the defendant prosecuted error under article 738 b of the Code of Criminal Procedure. The attorney general moved to dismiss the appeal, because the bond did not conform to the statute in civil cases.

Decided 1860-01-15

Roberts, J.

¶1The bond for writ of error is sufficient, notwithstanding the provision in Art. 557, O. & W. Dig., p. 140. [Paschal’s Dig., Art. 1517, Note 598.]

¶2This article was intended to apply to the case of civil suits in which the execution of the judgment is not superseded, and it requires the costs of the district and supreme courts to be secured in all cases. This is done by a bond for a supersedeas, which has been given in this case, in accordance with article 738 b, Code Criminal Procedure. [Paschal’s Dig., Art. 3204, Note 774.]

¶3The motion to dismiss is

¶4Overruled.

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