Loftin v. Nalley

Citations

• 28 Tex. 127

Syllabus

<p>(See this case for the practice of this court, with reference to affirming the judgment of the court below, without regard to its merits, when the appellant has failed to file a transcript of the record, as required by law, and for the strictness of compliance with the directions of the statute exacted of the appellee in such cases.)</p> <p>Appeals are perfected so as to give this court jurisdiction—first, by notice of appeal, entered of record; and, secondly, by giving the appeal bond (when not dispensed with) within twenty days after the adjournment of the court. Unless these two requisites have been complied with, the jurisdiction of this court does not attach. (Paschal’s Dig., Art. 1491, Note 583.)</p> <p>When the appeal is perfected, it is the duty of the appellant to file a transcript of the record in this court, as prescribed by Art. 1587 of Paschal’s Dig.; and in case he fail to file the transcript as thus directed, then the appellee is authorized to file with the clerk of this court a proper certificate of the clerk of the court below, and thereupon it is the duty of this court, under Art. 1589 of Paschal’s Dig., to affirm the judgment of the court below. (See Paschal’s Dig., Notes 614, 616.)</p> <p>These proceedings are summary and ex parte, and therefore the party claiming the benefit of them must bring himself within the strict meaning of the law.</p> <p>The clerk’s certificate, filed by the appellee, consisted of a copy of the judgment and of the appeal bond, with the statement that they were true copies of the judgment rendered March 31,1860, and of the appeal bond filed and approved April 20, 1860; but there was nothing in the copies or the certificate showing that the appeal was taken in term time, or that notice thereof was entered of record; nor does the clerk state “at what time the appeal was perfected,” or that it was ever “perfected.” Held, that the certificate is defective in not complying with the directions of the statute, and that the mo