Hamilton v. Hannus

CONNER, O. J.

This is an appeal from a judgment of the county court in appellee’s favor for the sum of $184, the amount found to be due upon a promissory note in the sum of $126.

[1] The transcript before us discloses a transcript from the justice’s court showing that the suit upon the note mentioned had originated therein, and reciting that the plaintiff, J. J. Hannus, had recovered a judgment against the defendant, J. W. Hamilton, on July 27, 1909, but the justice’s transcript does not contain the judgment so recited, and wholly fails to show that any appeal bond, as required by law, had been given or approved by the justice of the peace.

Under such circumstances the judgment must be reversed, and th'e cause remanded to the county court, with instructions to dismiss the appeal unless the jurisdictional facts are made to appear in a'ccordance with the principles heretofore decided by us in the cases of American Soda Fountain Co. v. Mason, 55 Tex. Civ. App. 532, 119 S. W. 714, and Ware v. Clark, 58 Tex. Civ. App. 356, 125 S. W. 618. See, also, case No. 7400, Patrick v. Pierce, 187 S. W. -, this day decided by us.

Reversed and remanded, with instructions.

(g^>Por other oases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

ig^ofor other oases see. same topic and KEY-NUMB BR in all Key-Numbered Digests and Indexes.