Sass v. State
Sass v. State
Opinion of the Court
The dismissal as to the surety not served, and entry of judgment against the principal and the other surety, who had been duly cited, were in accordance with a practice long established in this State, and cannot constitute a reversible error. Goode v. The State, 15 Texas, 124. The bond, it is true, was joint and several, and the judgment nisi was against the principal and sureties, each for the full amount of the bond. Had the final judgment been entered in like manner, the error would have been fundamental. Ishmael v. The State, 41 Texas, 244. In it, however, the error was corrected, and the proper entry made that the State should have and recover of the principal and surety the amount of the bond; and this, it is deemed, removes all cause of complaint by appellant on that account.
There is no error in the record, and the judgment is affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.