
    Berry v. Martin.
    where the bond for a certiorari has bat one surety it is not void, but may be amended by giving an additional surety after the ease lias been removed to the District Court. (Note 46.)
    Error from Cherokee. This was a proceeding by certiorari in the District Court to revise the judgment of a justice of the peace.
    The defendant in the certiorari, who was also defendant in the suit before the justice, moved to dismiss the certiorori upon the ground that the bond given to' obtain the writ, liad upou.it the name of but one surety. The court permitted the plaintiff to amend by giving an additional surety upon the payment of costs, and overruled the motion to dismiss.
    Note 46.—Edmiston v. Edwards, 31 T., 172; King v. Hopkins, 42 T., 48.) The only oases in which parties have been permitted to file a new appeal bond is where the original bond was insufficient in amount, or signed by but one surety. (Hollis v. Border, 10 T., 277; Smith v. Cheatham, 12 T., 37; Scranton v. Bell, 35 T., 413; Long v. Smith, 39 T., 160; King v. Hopkins, 42 T., 48.)
    There was a verdict and judgment for the plaintiff, and the defendant brought; a writ of error.
    
      W. C. Daniel, for plaintiff in error.
    
      S. P. Donley, for defendant in error.
   Wheeler, J.

The giving of a bond in a case like the present, with but one surety, is not a compliance with the statute. (Mays v. Lewis, 4 Tex. R., 1.) But in the case of an appeal from the District Court to tills court, the appeal will not be dismissed merely for informality or insufficiency in the bond, if the, appellant will immediately cure the defect by giving a sufficient bond. (Shelton v. Wade, 4 Tex. R., 148.) The principle of the rule is applicable to the present case; and the court did not err in permitting the party to amend by giving an additional surety upon his bond. Where either no bond or a void bond had been given in the first instance, it would be otherwise. (Burr v. Lewis, decided at Galveston, January Term, 1851.)

Judgment affirmed.  