Berry v. Martin

Decided July 1, 1851

Texas Supreme Court · decided 1851-07-01

Error from Cherokee. This was a proceeding by certiorari in the District Court to revise the judgment of a justice of the peace. The defendant in the certiorari, who was also defendant in the suit before the justice, moved to dismiss the certiorori upon the ground that the bond given to' obtain the writ, liad upou.it the name of but one surety.

Good law ✅— No negative treatment on recordhow we know

Decided 1851-07-01

How this case has been cited

Cited by 4 later decisions — most recently April 1934

4 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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Wheeler, J.

¶1The giving of a bond in a case like the present, with but one surety, is not a compliance with the statute. (Mays v. Lewis, 4 Tex. R., 1.) But in the case of an appeal from the District Court to tills court, the appeal will not be dismissed merely for informality or insufficiency in the bond, if the, appellant will immediately cure the defect by giving a sufficient bond. (Shelton v. Wade, 4 Tex. R., 148.) The principle of the rule is applicable to the present case; and the court did not err in permitting the party to amend by giving an additional surety upon his bond. Where either no bond or a void bond had been given in the first instance, it would be otherwise. (Burr v. Lewis, decided at Galveston, January Term, 1851.)

¶2Judgment affirmed.