Court of Civil Appeals of Texas, 1881

I. & G. N. R. R. v. Grant

I. & G. N. R. R. v. Grant
Court of Civil Appeals of Texas · Decided February 26, 1881 · White
1 White & W. 430

I. & G. N. R. R. v. Grant

Opinion of the Court

Opinion by

White, P. J.

§ 783. Appeal bond; need not be signed by appellant. The statute does not require that the appellant shall sign the appeal bond. The execution of the bond by the sure*431ties is sufficient, the principal being as effectually bound by the judgment without signing the bond as he could have been by it. [Shelton v. Wade, 4 Tex. 148; Lindsay v. Price, 33 Tex. 280.]

February 26, 1881.

§ 78 4. Jurisdiction; counterclaim. Where the counterclaim pleaded by the defendant in a suit before a justice of the peace Avas for more than $100, it was held on appeal that the counterclaim was the amount in controversy, and conferred jurisdiction. The appeal from the justice’s to the county court Avas improperly dismissed.

Reversed and remanded.

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