P. W. Gallagher & Co. v. Porter

Court of Appeals of Texas

P. W. Gallagher & Co. v. Porter

2 Wilson 111

CourtCourt of Appeals of Texas

DecidedMarch 8, 1884

DocketNo. 1651

StatusPublished

This text of 2 Wilson 111 (P. W. Gallagher & Co. v. Porter) 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

P. W. Gallagher & Co. v. Porter, 2 Wilson 111 (Tex. Ct. App. 1884).

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Opinion

Opinion by

Will-son, J.

§ 119. Appeal bond in county court; insufficient when. In this case, the appeal bond is conditioned that the appellants “shall prosecute their said appeal to effect, and shall pay off and satisfy the judgment which may be rendered against them on such appeal.” Held: This condition is not sufficient to make the bond valid under article 1400 of the Revised Statutes, because it does nob bind the obligors to pay all the costs which have accrued in the court below, or which may accrue in the appellate court. It is not sufficient as a supersedeas bond, because' it does not bind the obligors to pay all such damages as. the appellate court may award against the appellant. [R. S. art. 1404; W. & W. Con. Rep. § 165; Reid v. Fernandez, 52 Tex. 379.]

Appeal dismissed.

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Opinion by

Will-son, J.

§ 119. Appeal bond in county court; insufficient when. In this case, the appeal bond is conditioned that the appellants “shall prosecute their said appeal to effect, and shall pay off and satisfy the judgment which may be rendered against them on such appeal.” Held: This condition is not sufficient to make the bond valid under article 1400 of the Revised Statutes, because it does nob bind the obligors to pay all the costs which have accrued in the court below, or which may accrue in the appellate court. It is not sufficient as a supersedeas bond, because' it does not bind the obligors to pay all such damages as. the appellate court may award against the appellant. [R. S. art. 1404; W. & W. Con. Rep. § 165; Reid v. Fernandez, 52 Tex. 379.]

Appeal dismissed.

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2 Wilson 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/p-w-gallagher-co-v-porter-texapp-1884.

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