Smith v. State

Court of Criminal Appeals of Texas

Decided October 18, 1972

Court of Criminal Appeals of Texas · decided 1972-10-18

Relies on Joe's Bonding Company v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-18

How this case has been cited

Cited by 5 later decisions — most recently August 1998

5 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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¶1 OPINION

MORRISON, Judge.

¶2 This is a bond forfeiture proceeding.

¶3 Appellants’ contention that the final judgment does not dispose of all of the parties on the bond must be sustained.

¶4 The judgment nisi granted judgment against the principal and both Richard Hodges, Jr., and Claudia A. Rivers, sureties. The final judgment makes no mention of Claudia A. Rivers.

¶5 Joe’s Bonding Co. et al. v. State, Tex.Cr.App., 481 S.W.2d 145 is authority for the rule found in 8 Tex.Jur.2d, Bail and Recognizance, Sec. 87, Page 212, as follows :

“A final judgment must be rendered as to the sureties and the principal. The whole matter in controversy must be finally disposed of as to all parties.”

¶6 For the error pointed out, the judgment is reversed and the cause is remanded.