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FARMER v. CASSITY

No. A-4286.

262 S.W.2d 392 (1953)

FARMER et al. v. CASSITY.

Supreme Court of Texas.

November 11, 1953.

Attorney(s) appearing for the Case

James E. Faulkner, Coldspring, for appellant, Elbert Farmer.

Cecil, Keith, & Mehaffy and James D. McNichols, Beaumont, for movant, Lawyers Surety Corp.

V. A. Collins and Ross Hightower, Livingston, Barnes & Barnes, Beaumont, Ghent Standerford, Austin, for appellees.

WILSON, Justice.

The question certified in this case concerns the proper forum for inquiry into the validity of a supersedeas bond.

Respondent R. B. Cassity recovered judgment against Elbert Farmer on a promissory note. Farmer gave notice and perfected his appeal by filing a supersedeas bond executed by James E. Faulkner as Deputy Attorney In Fact for Lawyers Surety Corporation.

The Court of Civil Appeals, 252 S.W.2d 788

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