W. D. Short v. State

Citations

• 16 Tex. Ct. App. 44
• 1884 Tex. Crim. App. LEXIS 63

Syllabus

<p>On Motion to dismiss Appeal.</p> <p>Scire Facias — Practice — Case Stated.—S. was bailed to appear before á justice’s court of C. county, upon a charge of wilfully burning a public bridge. Failing to make his appearance, forfeiture of the bond was taken, and judgment nisi was entered, and upon hearing was made final. From this judgment S. and his sureties appealed to the county court, the appeal bond being signed by all the parties against whom judgment was rendered in justice’s court, and by three other parties as sureties on the appeal bond'. Judgment in the county court was rendered against the same parties to the judgment in the justice’s court, but no judgment was taken against the three parties who signed the appeal bond as sureties. The same parties to the appeal to the county court . appeal from that court to this, with the same parties as sureties on their appeal bond to this court, who were sureties on their appeal bond to the county court. The State’s motion to dismiss the appeal to this court is based upon the following grounds: 1. Because there is no final judgment in the county court from which this appeal will lie. 3. Because the sureties on the appeal bond to the county court were not disposed of by the judgment of the county court. 3, 4 and 5. Because the sureties on the appeal bond to this court, being parties to the suit, because of being sureties on the appeal bond to the county court, are not competent sureties to the appeal bond to this court; and hence the appeal bond to this court is without sureties. Held, that, in order to authorize this appeal, it was not necessary that the final judgment should have disposed of the sureties on the appeal bond from the justice’s to the county court; that, no judgment having been rendered ■ against the sureties on the appeal bond to the county court, they were competent sureties on the appeal bond to this court.</p> <p>On the Merits.</p> <p>1. Scire Facias—Practice—Pleading—Burden of Proof.—The effect of