Aber v. Warden
Texas Supreme Court
Appeal from Montague. Tried below before the Hon. J. A. Carroll. This case was submitted on an agreed statement, as follows: “ 1st. That at the June Term of the District Court of Montague county, 1877, a final judgment on a forfeited bail bond was rendered against H. C. Hewbury, as principal, and Lee if. Perkins, Jeff Aber, plaintiff, and A. J. Tucker, sureties, for the sum of $150. and costs. “ 2d.
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Appeal from Montague. Tried below before the Hon. J. A. Carroll. This case was submitted on an agreed statement, as follows: “ 1st. That at the June Term of the District Court of Montague county, 1877, a final judgment on a forfeited bail bond was rendered against H. C. Hewbury, as principal, and Lee if. Perkins, Jeff Aber, plaintiff, and A. J. Tucker, sureties, for the sum of $150. and costs. “ 2d. That on the 11th day of September, 1877, an execution was issued on said judgment, directed to any constable of Montague county, .(said Lee J$T. Perkins being sheriff of Montague county,) which…
1Opinion of the Court
Gould, Associate Justice.
Appellant was one of several *379sureties on a forfeited bail bond, against whom judgment final had been entered up in the District Court of Montague county. Execution issued, and was levied on appellant’s property, and he sued out of said court an injunction restraining the sale, alleging that he had paid all the costs, except the sheriff’s and county attorney’s commissions, and had tendered the full amount of the execution in valid county scrip of the county. It appears, from an agreed statement, that the officer who made the levy claimed that the commissions of the…
2Cited by9 opinions
- State Ex Rel. Vance v. RouttCourt of Criminal Appeals of Texas · 1978
- Jeter v. StateTexas Supreme Court · 1894
- Scott v. StateCourt of Appeals of Texas · 1894
- Ex Parte WoltersCourt of Criminal Appeals of Texas · 1911
- General Bonding & Casualty Ins. v. StateCourt of Criminal Appeals of Texas · 1913
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