Ledbetter v. Burns

Citations

• 42 Tex. 508

Syllabus

<p>1. Appeal bt giving bond fob costs and damage of the appeal. An appeal under Article 1493, Paschal’s Digest, allowing appeal to persons unable to give appeal bond by giving bond in no more than the costs and damages of the appeal, does not operate as a supersedeas; the plaintiff is authorized to sue out such process as will authorize the sheriff to take possession of all the personal property of the defendantand perhaps to levy upon lands in other counties. Such appeal does suspend the power to sell.</p> <p>3. Order of sale. An order of sale issued pending such an appeal, confers no power to sell.</p> <p>3. Appeal bond for costs and damages. The recitation that appellants are unable to give an appeal bond in the bond for costs, etc., is the proper mode of showing that/aci, and of designating the character of the bond.</p> <p>4. Amendment of appeal bond—Approval of bond. The approval by the clerk is sufficient to perfect the appeal, and a bond so approved is sufficient unless objected to; and after objection, if insufficient in amount, the appellate court will allow such defect to be cured by giving a new bond.</p> <p>5. Power of Supreme Court to reform a judgment. It is beyond the power of the Supreme Court to reform a j udgment for damages found by a jury, by giving damages which the jury failed to assess.</p> <p>6. Damages—New trial. When no special damages have been alleged or proven, the question of the amount of damages is for the most part left to the jury ; and only in cases of actual damages clearly in excess of the verdict, will new trials be granted.</p>