Lyell v. Guadaloupe County

Citations

• 28 Tex. 57

Syllabus

<p>In order to confer jurisdiction upon this court by appeal, it is indispensably necessary that a party intending to appeal shall give notice of such intention during the term of the court at which the judgment was rendered, and that he shall also, within twenty days after the adjournment of such term, file his appeal bond, in conformity with the statute. If either of these, requirements of the statute are not complied with, the jurisdiction of this court does not attach. (Paschal’s Dig., Art. 1491, Note 583.)</p> <p>If no question of jurisdiction were involved, it might well be held that the submission of a cause on its merits, without motion to dismiss the appeal, operated a waiver of all errors and irregularities in taking the appeal.</p> <p>But consent cannot confer jurisdiction, and though a cause be submitted on its merits, without motion to dismiss the appeal, yet, if it appear by the record that the appeal bond was not filed until after the expiration of the time limited by the statute, this court, of its own motion, will dismiss the appeal.</p>