4 Willson 31 | Tex. App. | 1889
Opinion by
% 10. Appeal bond; failure of justice to mark filed and Ms approval thereon does not invalidate; may be so marked nunc pro tunc in county court on appeal; transcript; filing of, etc. September 11, 1888, defendant in error recovered a judgment in the justice’s court of Tarrant county against plaintiff in error for the sum of $60 and costs, and the defendant appealed therefrom to the county court. The next term of the county court after the rendition of said judgment commenced on the first Monday in November, 1888', by which day the transcript on said appeal should have been filed in the county court, according to the statute, and continued until January 5, 1889. The transcript was filed December 12, 1888, during said term of the court. In the county court defendant in error, plaintiff below, moved to dismiss the appeal: 1. Because the transcript was not filed in the county court on or by the first day of the next term of the county court after said judgment was rendered. 2. Because the appeal bond does not bear the file mark of the justice of the peace. 3. Because said appeal bond does not appear to have been approved in writing by said justice of the peace. In answer to said motion, plaintiff in error filed an affidavit showing that his counsel filed the appeal bond with the justice within ten days after the rendition of the judgment, and directed
Reversed and remanded.