I. & G. N. R. R. v. Grant

1 White & W. 430

• Court: Court of Appeals of Texas
• Decided: February 26, 1881
• Docket: No. 1091, Op. Book No. 2, p. 354
• Status: Published

Opinion

Opinion by

White, P. J.

§ 783. Appeal bond; need not be signed by appellant. The statute does not require that the appellant shall sign the appeal bond. The execution of the bond by the sureties is sufficient, the principal being as effectually bound by the judgment without signing the bond as he could have been by it. [Shelton v. Wade, 4 Tex. 148; Lindsay v. Price, 33 Tex. 280.]

February 26, 1881.

§ 78 4. Jurisdiction; counterclaim. Where the counterclaim pleaded by the defendant in a suit before a justice of the peace Avas for more than $100, it was held on appeal that the counterclaim was the amount in controversy, and conferred jurisdiction. The appeal from the justice’s to the county court Avas improperly dismissed.

Reversed and remanded.