Webb v. First Texas Chemical Mfg. Co.

LESLIE, Justice.

This is a suit or statutory proceeding by the First Texas Chemical Manufacturing Company against W. R. Webb, constable, and the American Surety Company, surety on his bond, for failure on the part of the constable to levy and return an execution. The defendants answered by general demurrer, general denial, and plea of insolvency of the execution debtor. Trial was had before the court without a jury, and at the conclusion thereof judgment was rendered in favor of the plaintiff. Webb and his surety appeal.

The surety company excepted upon the ground that the constable’s bond was…