Holliman v. Carroll's Adm'rs
Texas Supreme Court
Error from Jasper. Tried below before the Hon. A. W. 0. Hicks. Suit by Eliza Carroll against Fountain Holliman, sheriff of Jasper county, and Z. W, Eddy, J. E. Armstrong and R. C. Doom, his sureties on his official bond.
Read the full summary
Error from Jasper. Tried below before the Hon. A. W. 0. Hicks. Suit by Eliza Carroll against Fountain Holliman, sheriff of Jasper county, and Z. W, Eddy, J. E. Armstrong and R. C. Doom, his sureties on his official bond. Petition filed August 4, 1854. In her petition and amended petitions, the plaintiff complained of the defendant Holliman, sheriff as aforesaid, and his said sureties, for that on the first 'of June, 1854, the defendant Holliman, as such sheriff, with force and arms seized, took, carried away and sold two negro girl slaves of the value of $1800, the property of the plaintiff,…
1Opinion of the CourtWheeler, C. J.
The only question presented by the record is, whether the sureties of the sheriff, on his official bond, are liable for a trespass committed by the sheriff in taking the goods of the plaintiff, in an attempt to execute valid process issued against the property of another.
Upon this question the authorities are conflicting. In Crocker on Sheriffs, it is laid down that they are liable, and he refers to the case of the People v. Schuyler, decided by the court of appeals of New York. (4 Comstock, 173.) The subject-was .very fully examined by the court in that case, and the liability of the *27sureties…
2Cited by20 opinions
- Lammon v. FeusierSupreme Court of the United States · 1884
- Jones v. Van BeverCourt of Appeals of Kentucky · 1915
- Chandler v. RutherfordCourt of Appeals for the Eighth Circuit · 1900
- Hawkins v. ThomasIndiana Court of Appeals · 1891
- King v. RobertsTexas Supreme Court · 1935
15 more not listed; retrieve them via the Exa API.