Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3. Page: 9
vi, 659 [660] ; 22 cm.View a full description of this book.
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UNION BANK VS. HUDGEONS & MYERS. 9
THE UNION BI3AN OF MISSISSIPPI VS. HUDGEONS AND MYERS.
POPE, for the use of Stevens, vs. JOIN W. /MYERS -Error fromColorado
County.
An application to reinstate a cause on the docket, which had been dismissed
under a rule for security for costs, should be granted, provided it is accompanied
bv a reasonable showing why the rule had not been complied with.
[1 Tex. 523, 591.]
ROBINSON for plaintiffs in error.
HARRIs for defendants in error.
Mr. Justice LIPscOMB delivered the opinion of the court.
These two cases were dismissed for want of security for
costs, under an order of the court.
The rule was obtained at one term of the court for the security,
and at the next succeeding term the suits were dismissed,
the security not having been given. The plaintiffs, after the
suits had been dismissed, moved the court to reinstate them on
the payment of the costs already incurred, and security for the
future costs. But this motion was overruled, and writs of error
were sued out.
Had the application to reinstate been accompanied by a reasonable
showing why the rule had not been complied with, the
motion ought to have been granted. [Houston vs. Sublett et
al. Tex. Rep. 1 vol. 523, and Cook vs. Beazley, id. 591.]
No reason whatever being offered for the neglect of the rule,
the judgment of the court below must be affirmed in both cases.
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Texas. Supreme Court. Reports of cases argued and decided in the Supreme Court of the State of Texas during December term, 1848. Volume 3., book, 1881; St. Louis, Mo.. (https://texashistory.unt.edu/ark:/67531/metapth28571/m1/15/: accessed May 2, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .