State v. Butler

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

The transcript does not show what judge sat in the court below. Jesse Butler was indicted for arson in Smith county, at the Spring term, 1861. At the same term he entered into recognizance in the sum of five thousand dollars. The case was continued until December, 1868, when he executed a bond in the sum of five hundred dollars.

Cited by 1 later decisions — most recently May 1916

1 federal appellate ·

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

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Walker, J.

¶1The appeal in this case must be dismissed. The order of the court appealed from is no final *561judgment; it is simply an interlocutory order, which does not in any wise determine the case.

¶2The case being properly on the docket of the District Court of Smith county, the defendant and his securities should have been called, and a judgment nisi entered on their failure to appear.

¶3The order to change the venue to Eusk county had no operation in law until the defendant was recognized to appear before the District Court of .that county. The order of the district judge of Eusk county dismissing the case from that docket was correct.

¶4The appeal is dismissed.

¶5Dismissed.