Legal Opinion

State v. Middleton's Sureties

Texas Supreme Court

Decided May 16, 1882No. Case No. 4495PublishedCited by 16 opinions

Appeal from Travis. Tried below before the Hon. A. S. Walker. December 19, A. D. 1879, the state brought this suit against W. B. Middleton as principal, and D. 0. Carrington, A. G. Rogers, R. B. Coleman, W. P. Evans, W. M. Evans, H. B. Pruitt, H. H. Thompson, W. L. Rogers and A. W. Landers as sureties, on the official bond of Middleton as sheriff and collector of taxes of Leon county, dated the 2d day of May, A. D. 1876, for the balance due the appellant by Middleton, as…

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Appeal from Travis. Tried below before the Hon. A. S. Walker. December 19, A. D. 1879, the state brought this suit against W. B. Middleton as principal, and D. 0. Carrington, A. G. Rogers, R. B. Coleman, W. P. Evans, W. M. Evans, H. B. Pruitt, H. H. Thompson, W. L. Rogers and A. W. Landers as sureties, on the official bond of Middleton as sheriff and collector of taxes of Leon county, dated the 2d day of May, A. D. 1876, for the balance due the appellant by Middleton, as collector of taxes of Leon county, on Ms account for the year 1876, amounting to $5,868.37, besides interest. Pending the…

1Opinion of the Court

Stayton, Associate Justice.

This action was brought by the state of Texas against W. B. Middleton, collector of taxes for Leon county, and the sureties upon his bond, to recover the sum of 85,868.37 on his account as collector of taxes due the state for the year 1876.

W. B. Middleton having died pending the suit, it was dismissed as to him and prosecuted to final judgment against his securities.

*188The cause was tried by a jury, which, under the instructions of the court, made special findings, upon which the court rendered a judgment against the defendants for the sum of §1,159.73, with interest,…

2Cases cited5 opinions

  1. Boring v. WilliamsSupreme Court of Alabama · 1850
  2. United States v. Gabriel F. IrvingSupreme Court of the United States · 1843
  3. Jones v. United StatesSupreme Court of the United States · 1849
  4. Town of Lyndon v. MillerSupreme Court of Vermont · 1863
  5. The United States v. PattersonSupreme Court of the United States · 1813

3Cited by16 opinions

  1. Bitter v. County.Texas Commission of Appeals · 1928
  2. City Nat. Bank v. Eastland CountyCourt of Appeals of Texas · 1928
  3. Boaz v. FerrellCourt of Appeals of Texas · 1912
  4. Rodgers-Wade Furniture Co. v. WynnCourt of Appeals of Texas · 1913
  5. Fidelity & Deposit Co. of Maryland v. Farmers & Merchants Nat. Bank of NoconaCourt of Appeals of Texas · 1938

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