J. S. Newbauer & Bro. v. Joseph

Court of Appeals of Texas

J. S. Newbauer & Bro. v. Joseph

1 White & W. 37

CourtCourt of Appeals of Texas

DecidedFebruary 2, 1881

DocketNo. 1223, Op. Book No. 3, p. 444

StatusPublished

This text of 1 White & W. 37 (J. S. Newbauer & Bro. v. Joseph) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

J. S. Newbauer & Bro. v. Joseph, 1 White & W. 37 (Tex. Ct. App. 1881).

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Opinion

Opinion by

White, P. J.

§ 86. Appeal bond. An appeal bond which was made payable to J. S. N. and E. N., without naming them appellees, when the appellees in the suit were J. S. N. & Bro., and there is nothing in the record to show that the firm was composed of J. S. N. and E. N., was held to be fatally defective, and did not give the appellate court jurisdiction of the case, and that it was not permissible to cure the defect by filing a new bond. [King v. Hopkins, 42 Tex. 48.]

Reversed and remanded.

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Opinion by

White, P. J.

§ 86. Appeal bond. An appeal bond which was made payable to J. S. N. and E. N., without naming them appellees, when the appellees in the suit were J. S. N. & Bro., and there is nothing in the record to show that the firm was composed of J. S. N. and E. N., was held to be fatally defective, and did not give the appellate court jurisdiction of the case, and that it was not permissible to cure the defect by filing a new bond. [King v. Hopkins, 42 Tex. 48.]

Reversed and remanded.

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1 White & W. 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-s-newbauer-bro-v-joseph-texapp-1881.

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