Nowotny v. Grona

EIDSON, Associate Justice.

This is a suit brought by the appellant in the court below against appellee for damages for the alleged malicious prosecution of a motion against appellant who was the sheriff of Comal County, and the sureties on his official bond, for the failure of appellant to- levy an execution, in which appellee was the plaintiff, on certain property situated in Comal County.

The court below sustained a general demurrer to appellant’s petition, and appellant has appealed to this court assigning error on such action of the court below. The motion was made under article 2386,…