Texas Supreme Court, 1857

Ledbetter v. Swing

Ledbetter v. Swing
Texas Supreme Court · Decided July 1, 1857 · Wheeler
19 Tex. 242

Ledbetter v. Swing

Opinion of the Court

Wheeler, J.

The petition was rightly dismissed for the want of a bond. (Hart. Dig. Art. 1753 ; 4 Tex. R. 1, 83.) The Statute makes no exception in favor of administrators. The provision dispensing with security in appeals by executors and administrators, does not extend the exemption to proceedings by certiorari. (Hart. Dig. Art. 804.) And the Court cannot give it such application by construction. The judgment is affirmed.

Judgment affirmed.

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