McRea v. McWilliams

Citations

• 58 Tex. 328

Syllabus

<p>1. Quaere: When suit is brought against the obligors in a bond for breach of contract, and the breach resulted from an act of the agent of the obligors which was in itself a crime, quaere whether that fact would authorize the bringing of the suit in the county in which the crime was committed, but in which none of the parties resided, under the seventh exception of art. 1423, Pasch. Dig.</p> <p>2. Principal and surety—Mail contractor.—The sureties on a mail contract- or’s bond to the United States are responsible only to the government on a breach of the bond; their obligation as sureties is sirictissimi juris, and they are not responsible to the citizen as sureties on such bond for a failure of their principal to deliver mail packages, whereby damage results.</p> <p>3. Practice in supreme court.—When several defendants against whom judgment has been rendered on a joint obligation prosecute a writ of error, and one fails to join in the writ of error, a reversal as to either will operate a reversal as to all.</p>