Cline v. State

Decided July 1, 1871

Texas Supreme Court · decided 1871-07-01

Tried below before the Hon. W. K. Fayle. This appeal was from a judgment final on a forfeited bail bond entered into by the appellants on the twenty-eighth of November, 1867, before J. G. Tracy, recorder of the city of Houston. On appearing to the scire facias, the appellants alleged that Mr. Tracy was not recorder, and had no authority to take the bond— the implication being that his appointment to the .office by the military authority of the United States was not valid.

Decided 1871-07-01

Walker, J.

¶1Upon due examination of the record we are clearly of the opinion that J. G. Tracy, the officer before whom the preliminary proceedings in this case were had, was, both de jure and de facto, the recorder of the city of Houston at the time he took cogtiizance of the case.

¶2The bail bond is in every respect a good and sufficient bond. (See Paschal’s Digest, article 2732.)

¶3The death of George W. Frazer and the insolvency of his estate being suggested, the case is dismissed as to his estate, and the judgment affirmed as to W. G. Cline and B. H. Wilson and their securities.

¶4Ordered accordingly.