1 Tex. 9 | Tex. | 1846
A preliminary question was presented in this case upon a motion to dismiss the cause from the docket for want of an appeal bond. On inspection, we find that the bond is properly signed and sealed, and duly attested. The objection taken is to tha omission of the names of the securities in the body of the instrument. We believe the objection is not well founded and that the bond is valid against the securities, notwithstanding the omission to insert their names in the body of the instrument — their names being subscribed by them makes it binding — the motion to dismiss was therefore overruled.
The points presented in the appellant’s brief have not been argued. We will examine two of them on which the court below is supposed to have erred in its decision. We find from the record before us that the petition commences, “ The petition of Alexander O. Crawford, of the county aforesaid, against William M. Cooke and Gabriel Cooke, merchants and partners, formerly of Hashville, Tennessee, TI. S. of America, doing business under the firm and style of Wm. M. Cooke & Co., and said Cooke is now a resident of the county of Harrisburg aforesaid.”
The petition then proceeds to set out, that in the city of Philadel
In the case of Huff v. Bolger, Lamb & Co., decided in the supreme court of the republic, the note sued on was given in Hew York — so found by the special verdict of a jury — but the jury did not say what was, the interest in Hew York, the judgment was rendered for the debt, and five per cent, interest, being the interest of the court. It was reversed on error because the court could not judicially know the interest of another country until it had been ascertained as any other fact by the finding of a jury. In the case before us the note sued on was made in Philadelphia, yet the court without