Cravens v. Wilson

Citations

• 48 Tex. 321

Syllabus

<p>1. Judgment.—Though it is not necessary to render judgment against the securities on a cost bond, when judgment is rendered for the defendant, yet if judgment be rendered against the securities, on error to the Supreme Court .they would be proper parties to the writ.</p> <p>2. Writ of error—Practice.—A defendant in error may accept service of the writ of error.</p> <p>3. Appeal—Writ of error.—The fact that the transcript shows a complete execution of the judgment appealed from, furnishes no reason why the action of the court below should not be reviewed on appeal or writ of error.</p> <p>4. Practice.—A motion to dismiss a writ of error, based on a neglect of a mere matter of form, is not granted, when the motion is filed after the first day of the assignment to which the case belongs has passed.</p>