7 S.W.2d 605 | Tex. App. | 1928
This suit was instituted by appellant, Thomas Meredith, in the justice court, to recover of appellee, Overton Bell, the title and possession of one cow of the alleged value of $60. Appellant sequestered the cow, and appellee replevied. The sureties on appellee's replevy bond were J. L. Bell and L. W. Edwards. The trial in the justice court resulted in a judgment in favor of appellant for the title and possession of said cow. Said *606 cow was valued in the judgment at $60, and a writ of possession for her restoration to appellant was awarded. No reference to the issuance of sequestration proceedings appears in the transcript, and no judgment on the replevy bond was rendered. Appellee appealed to the county court. The sureties on his appeal bond were the same as on his replevy bond. Appellant moved to dismiss the appeal on the ground that the judgment of the justice court was not final, because it did not dispose of the sureties on appellee's replevy bond, and on the further ground that said sureties were parties adversely interested and were not made payees in said appeal bond. Appellant amended his demand in the county court and alleged that the value of said cow was $75; that pending the appeal she had had twin calves of the value of $15 each; and that the value of her use during such time was $50 — for all of which he sued.
The case was tried before the court. He overruled appellant's motion to dismiss the appeal and rendered judgment for appellee.
Appellant has filed a brief in this court, but has not copied therein any assignment of error. We are therefore limited in the consideration of this case to such errors, if any, as are apparent on the face of the record and are in their nature fundamental. Clonts v. Johnson,
The judgment of the trial court is affirmed.