Jenkins v. McNeese

Citations

• 34 Tex. 189

Syllabus

<p>1. An appeal to this court is liable to be dismissed when the certificate of the district clerk fails to show that the transcript sent up contains all the proceedings had in the case in the court below.</p> <p>S. An appeal bond should state the names of all the parties to the judgment appealed irom. if any are omitted, the judgment is misdescribed.</p> <p>3. A delivery bond which is conditioned for the delivery of the property on a day which had already passed when the bond is given is void ; though the defect in the bond might, it seems, be cured by proper allegations and proof that the defect was mere clerical error.</p> <p>4. If a judgment creditor takes out execution against the principal in the judgment, and then waives it and has it returned unsatisfied, the sureties in the judgment are thereby discharged. (Parker v. Nations, 33 Texas, cited by the court.)</p>