Guest v. Phillips

Citations

• 34 Tex. 176

Syllabus

<p>I. When a party sues for the benefit of an estate of which he is the legal representative, he must, by direct and positive allegations, show that he sues in his representative capacity, or he will not be entitled to appeal without giving an appeal bond.</p> <p>S. The plaintiff sued upon a note, payable to himself by the description of “ Martin Guest, executor, or bearer,” but his petition did not, otherwise than by a reference to these terms of the note, import that the suit was brought by him in a representative capacity. There being judgment against Mm in the court below, he gave notice of appeal, but filed no appeal bond. Held, that the appeal must be dismissed for want of an appeal bond.</p>