1 Tex. 99 | Tex. | 1846
This is an appeal from the district court for the county of Houston.
A preliminary question arises on a motion to dismiss the appeal. The appellee has assigned several grounds in support of his motion. It will be necessary for us to notice but one. It is objected that the appeal bond is not in accordance with the statute regulating the manner in which appeals from the judgment of a district cou/rt shall is talcen. Acts of the 1st session of the Legislature of Texas, p. 399, sec. 136. The section referred to is in the following words: “Any party taking an appeal shall, within twenty days .after the term of the court at which the decree or judgment of the court was rendered, enter into bonds with two or more sureties to be approved by the clerk of the court, in double the amount of the debt or damages, or the value of the slaves or other' personal property adjudged, conditioned for the prosecution of the appeal with effect, and performing the judgment, sentence or decree of the supreme cou/rt, in case the decision of said cowrt shall he against the said defendant.
The non-conformity of the appeal bond in the case under consider-