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9 Tex. 261

Chambers v. Fisk

Texas Supreme Court

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

This suit was brought against forty-six individuals, to recover laud, to stay waste, and for a discovery. Many of them holding by different tenures, and some of them claiming to hold in good faith, if not by the best title, set up a claim for improvements, and there would have been different judgments, as various, almost, as the defenses set up. Under such circumstances three sets of the defendants asked for and obtained leave to sever from the others in their defense.

Cited by 2 later decisions — most recently July 1965

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

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Lipscomb, J.

¶1It seems to us that the record presents three different cases, and as such we are bound to consider them. In actions for damages for a trespass it is not uncommon for the defendants to sever in their pleading, and some of them may not defend at all; ahd in cases of joint promissors some of them may not plead, or plead different from the others: in all such cases there should be but one final judgment. But in a suit like the present there must be a distinction, as they, the defendants, would not be jointly liable, and the final judgment could not be joint. IVe therefore believe that there should have been a bond for each judgment appealed from, and that a bond embracing the different judgments is not a compliance with the statute that requires the appellant, in all cases, to give an appeal bond, and, consequently, the motion to dismiss must be sustained.

¶2Appeal dismissed.

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