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Chambers v. Fisk
9 Tex. 261
Tex.
1852
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Lipscomb, J.

It seems to us that the record presents three different cases, and as such we are bound to consider them. In actions for damages for a trespass it is not uncommon for the defendants to sever in their pleading, and some of them may not defend at all; ahd in cases of joint promissors some of them may not plead, or plead different from the others: in all such cases there should be but one final judgment. But in a suit like the present there must be a distinction, as they, the defendants, would not be jointly liable, and the final judgment could not be joint. IVe therefore believe that there should have been a bond for each judgment appealed from, and that a bond embracing the different judgments is not a compliance with the statute that requires the appellant, in all cases, to give an appeal bond, and, consequently, the motion to dismiss must be sustained.

Appeal dismissed.

Case Details

Case Name: Chambers v. Fisk
Court Name: Texas Supreme Court
Date Published: Jul 1, 1852
Citation: 9 Tex. 261
Court Abbreviation: Tex.
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