Maxwell v. State

38 Tex. 171

• Court: Texas Supreme Court
• Decided: July 1, 1873
• Status: Published

Opinion

Ogden, J.

The appeal in this case must be dismissed! for the want of a sufficient recognizance.

By the terms of the recognizance the defendant is not bound to appear before any particular court, or at any particular place, to abide the judgment and decision of the Supreme Court. A recognizance so defective is wholly insufficient to give this court jurisdiction of the «case. It is a matter of no little astonishment that the •clerk and officers of the courts, who have, or should have, the statute before them, where a form for such a record is prescribed, should so fatally vary from the requirement of the statute. The appeal is dismissed.

Reversed and dismissed.