Cordray v. State
Texas Supreme Court
Error from Travis. Tried below before the Hon. E. B. Turner. Suit brought in the name of the state of Texas against John T. Cordray as principal, and his co-defendants as his sureties, upon two bonds given by him as sheriff and ex officio collector of taxes for Wharton county, for alleged defalcation as such collector for the years 1876 and 1877. One of the bonds was dated April 15, 1876, and made payable to the state of Texas in the penal sum of $4,000. The other was dated…
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Error from Travis. Tried below before the Hon. E. B. Turner. Suit brought in the name of the state of Texas against John T. Cordray as principal, and his co-defendants as his sureties, upon two bonds given by him as sheriff and ex officio collector of taxes for Wharton county, for alleged defalcation as such collector for the years 1876 and 1877. One of the bonds was dated April 15, 1876, and made payable to the state of Texas in the penal sum of $4,000. The other was dated January 13, 1877, and payable to E B. Hubbard, governor of the state of Texas, and his successors in office, in the…
1Opinion of the Court
Bonner, Associate Justice.
1. It is assigned as error that the two bonds should not have been declared upon in one and the same suit; the first being payable to the state of Texas, and the second to R. B. Hubbard, governor of the state of Texas, and his successors in office.
Evidently the bonds were both intended for the same general object; the penalty for the breach of both inured to the benefit of the state; and we do not think that it was error to have embraced them both in the same suit.
2. It is also assigned as error, that, in the first bond, the sureties had bound themselves separately,…
2Cited by2 opinions
- Collins v. Tarrant CountyCourt of Appeals of Texas · 1922
- Harllee v. State Ex Rel. SteelyCourt of Appeals of Texas · 1929