Hickcock's Sons v. Bell

Citations

• 46 Tex. 610

Syllabus

<p>Writ of error bond—Bankruptcy—Affirmance on certificate.—A citation in error was served, on the 18th clay of October, 1876; the plaintiffs in error were adjudged bankrupts, on the 18th of January, 1877; the transcript not being filed, a judgment of affirmance was rendered, on certificate, on February 13, 1877, on motion of defendant in error, made January 30, 1877; the assignment of causes, to which the writ of error was returnable, began on the 29th of January, 1877; an assignee of bankruptcy of plaintiffs in error was appointed February 17, 1877. On the 16th of March, 1877, a motion was filed by the sureties of the plaintiffs in error on their error bond alone, to set aside the judgment of affirmance, upon the ground that their principals had been adjudged bankrupts after the citation in error had been served, and before the judgment of affirmance was rendered : Held—</p> <p>1. In order to suspend the enforcement of a judgment in the District Court until it can be examined in the Supreme Court, the sureties upon the writ of error bond, in effect, under the statutes of Texas, make themselves parties, jointly with the plaintiff in error, and liable to a judgment against them, in conjunction with the plaintiff in error, for the amount that may be adjudged against him in the Supreme Court.</p> <p>2. The writ of error bond, required by statutes, (Paschal’s Dig., art. 1495,) has, by its terms, the force of a judgment against the sureties, and when, on it, a judgment is rendered, in the Supreme Court, against the sureties, it relates back and operates as a lien upon the land of all the obligors from the date of the bond, as another judgment would, of that date.</p> <p>3. The permission given the sureties, by statute, (Paschal’s Dig., art. 4025,) to institute proceedings within one year from the forfeiture of the bond, for any cause that should defeat or modify a recovery on the bond, does not relate to a motion in the Supreme Court alone, but was designed to embrace a