The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 1

The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 1

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ... by a claimant thereto, such a bond is executed and delivered as will create a binding obligation as against the persons signing their names thereto, but at the same time not such a bond as could be denominated a statutory bond, the effect in law of such action, if excepted to, would deprive the claimant of the right in said action to contest the plaintiffs claim to the property the ownership of which is in controversy, but would not deprive the plaintiffs of their right to judgment against the claimant and surety, if one on the bond. You are further charged that the plaintiffs, even should you find that no other security except Randall & Darling signed said bond, would in the trial of said suit on the right of the ownership of said property have been entitled to a judgment against said Deland & Redfield, and said Randall & Darling; and if therefore you find that the plaintiffs in said suit negligently failed to take judgment against said Randall & Darling in said suit, and that said negligence proximately contributed to the injury sustained by plaintiffs; and if you further find that plaintiffs could with reasonable diligence have secured their said debt by prosecuting said cause to judgment and execution against the said Randall & Darling, or said Deland & Redfield, you will find for defendant." We think the court erred in this charge in telling the jury that the plaintiffs in the suit for the trial of the right of property had the right to take judgment against the security on the claimant's bond if there was only one. Plaintiffs could take this summary judgment only upon a statutory bond; but if a recovery should be sought upon such bond as a common law obligation, suit would have to be brought...
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Product details

  • Paperback | 386 pages
  • 189 x 246 x 20mm | 685g
  • United States
  • English
  • black & white illustrations
  • 1236810430
  • 9781236810434