Pevito v. Rodgers

Citations

• 52 Tex. 581
• 1880 Tex. LEXIS 28

Syllabus

<p>1. Appeal.—The law recognizes no limitation on the right of appeal given by the Constitution to the County Court from a judgment of a Justice’s Court, when the amount of the judgment exceeds $20.</p> <p>2. Appeal—Jurisdiction.—An appeal lies to the Court of Appeals from a judgment of the County Court dismissing an appeal from a Justice’s Court, where the amount of the judgment was for more than $20; and where the civil jurisdiction of the County Court has been transferred to the District Court, an appeal lies, under like circumstances, to the Supreme Court.</p> <p>3. Appeal—Jurisdiction.—The limitation imposed by section 16 of article 5 of the Constitution, on appeals from the County Court in causes appealed from a Justice’s Court, applies only when there has been a trial de novo on the merits, and the recovery was less than $100.</p> <p>4. Appeal—Jurisdiction.—The jurisdiction of the Supreme Court is not limited, in the Constitution or statutes enacted in pursuance thereof, by the amount of the judgment appealed from. Its jurisdiction is coextensive with the limits of the State of all judgments in civil cases of which the District Courts have original or appellate jurisdiction.</p> <p>5. Appeal bond.—In the absence of proof that the name of one party recited in the body of an appeal bond, as a surety, (but whose signature does not appear to the bond,) was placed in the body of the bond by himself or by his authority, the approval of the officer before whom the bond was executed will not validate it. The mere recitation of the names of sureties in the body of an appeal bond, is not, of itself, sufficient to bind those whose names are thus recited.</p>