Haley v. Moses Greenwood & Co.
Texas Supreme Court
Error from Hill. The case was tried before Hon. John Gregg, one of the district judges. The proceeding seems to have blended an effort to exact the penalty to which a sheriff subjects himself, for the non-execution of process, (Paschal’s Dig., Arts. 2502,5108, Note 1118,) with the remedy for a summary proceeding against the sheriff and his sureties, under the 1st section of the act of 24th May, 1888, better defining the duties of sheriffs, and the 23d and 10th sections of…
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Error from Hill. The case was tried before Hon. John Gregg, one of the district judges. The proceeding seems to have blended an effort to exact the penalty to which a sheriff subjects himself, for the non-execution of process, (Paschal’s Dig., Arts. 2502,5108, Note 1118,) with the remedy for a summary proceeding against the sheriff and his sureties, under the 1st section of the act of 24th May, 1888, better defining the duties of sheriffs, and the 23d and 10th sections of our law about executions, first, for a failure to levy and return the execution; second, for having collected the money…
1Opinion of the CourtDonley, J.
—This was a motion by the defendants in error against the plaintiffs in error, as the sureties of C. Coulson, sheriff of Johnson county, for failing to pay over money collected on execution in favor of the defendants in error. A motion was filed by the defendants in error on the 2d day of April, 1857, against Coulson, alleging that in 1856—the precise date not stated—an alias execution was issued on the said judgment, with instructions by their attorney to levy immediately and make the money, and that the plaintiffs’ attorney designated property and instructed the sheriff in person to levy…
2Cases cited1 opinion
- Cooke v. CrawfordTexas Supreme Court · 1846
3Cited by3 opinions
- Maddox v. HudgeonsCourt of Appeals of Texas · 1903
- Thomas v. BrowderTexas Supreme Court · 1871
- Brown v. KingCourt of Appeals of Texas · 1906