Wimberly v. Homeland Realty Co.

Court of Appeals of Texas

Wimberly v. Homeland Realty Co.

131 S.W.2d 423, 1939 Tex. App. LEXIS 771

CourtCourt of Appeals of Texas

DecidedJuly 22, 1939

DocketNo. 12917.

StatusPublished

Cited by1 cases

This text of 131 S.W.2d 423 (Wimberly v. Homeland Realty Co.) 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.

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Wimberly v. Homeland Realty Co., 131 S.W.2d 423, 1939 Tex. App. LEXIS 771 (Tex. Ct. App. 1939).

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Opinion

*424 PER CURIAM.

Relator has made no application to the Judge or the court' that tried the cause, to allow or fix the amount of super-sedeas bond. From other than money judgments, it is the prerogative of the trial court to allow or fix the bond in appeal; .it is not a proper function of an appellate court. A mandamus does not lie to compel an official, whose duty it is to approve such bonds, when no such bond has been allowed or fixed by the court. This is not an appeal from a money judgment, thus the amount of the bond must be fixed by the trial court. Under the authority of Ferguson v. Ferguson, Tex.Civ.App., 69 S.W.2d 592; Weatherford v. National Life Ins. Co., Tex.Civ.App., 78 S.W.2d 992; Yturria Town & Imp. Co. v. Hidalgo Co., Tex.Civ.App., 114 S.W.2d 917, and authorities cited, the application for writ of mandamus is denied.

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*424 PER CURIAM.

Relator has made no application to the Judge or the court' that tried the cause, to allow or fix the amount of super-sedeas bond. From other than money judgments, it is the prerogative of the trial court to allow or fix the bond in appeal; .it is not a proper function of an appellate court. A mandamus does not lie to compel an official, whose duty it is to approve such bonds, when no such bond has been allowed or fixed by the court. This is not an appeal from a money judgment, thus the amount of the bond must be fixed by the trial court. Under the authority of Ferguson v. Ferguson, Tex.Civ.App., 69 S.W.2d 592; Weatherford v. National Life Ins. Co., Tex.Civ.App., 78 S.W.2d 992; Yturria Town & Imp. Co. v. Hidalgo Co., Tex.Civ.App., 114 S.W.2d 917, and authorities cited, the application for writ of mandamus is denied.

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131 S.W.2d 423, 1939 Tex. App. LEXIS 771, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimberly-v-homeland-realty-co-texapp-1939.

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