Evans v. Henry S. Miller Company

OPINION

WILSON, Justice.

Plaintiff-appellee brought this action against the shériff of Tarrant County and the surety on his official bond. It is a statutory action under Art. 3825, Vernon’s Ann.Civ.Stat. to recover the amount of plaintiff’s unsatisfied judgment previously obtained against Joseph Shoaf. The ground of recovery is that the sheriff failed to levy execution upon realty alleged to have been owned by Shoaf, the judgment debtor.

Plaintiff proved the rendition of the judgment against Shoaf, issuance of execution, transmittal of the execution to the sheriff, correspondence requesting the…