Burck v. Burroughs

Citations

• 64 Tex. 445

Syllabus

<p>1. Jurisdiction — Court of appeals. — The court of appeals dismissed an appeal because the bond misdescribed the judgment, and adjudged the costs against the appellant in that appeal and the sureties on his supersedeas appeal bond. Appellee (in that appeal), in the county court, then filed a motion to render judgment against the sureties for the amount of the judgment appealed from. Held, that the county court could make no additional orders in the case other than to enforce whatever the mandate of the higher court directed. In cases where, upon the face of the record, a judgment may be rendered against the sureties upon the appeal or writ of error bond, such judgment must be rendered by the appellate court, and not by the court a quo.</p>