Scogins v. Perry
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. F. B. Sexton, special district judge. This was an action brought in the District Court of Harrison county, on the 31st day of January, 1871, by appellant’s intestate, Sarah M. Scogins, surviving wife, &c., against appellees, to recover of S. B. Perry, as sheriff of Harrison county, and Ms sureties on Ms official bond, a sum of money, ($1,760.98,) and interest thereon, alleged to have been collected by said sheriff for…
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Appeal from Harrison. Tried below before the Hon. F. B. Sexton, special district judge. This was an action brought in the District Court of Harrison county, on the 31st day of January, 1871, by appellant’s intestate, Sarah M. Scogins, surviving wife, &c., against appellees, to recover of S. B. Perry, as sheriff of Harrison county, and Ms sureties on Ms official bond, a sum of money, ($1,760.98,) and interest thereon, alleged to have been collected by said sheriff for Scogins, and for damages, at ten per cent, per month, from May 20,1869, when demand was made, for failing and refusing to pay…
1Opinion of the Court
Gould, Associate Justice.
The liability of a sheriff and his sureties to pay ten per cent, per month on the amount which that officer has collected under execution, and fails, after demand made, to pay over to the party entitled to receive it, can be enforced in no other way than by motion. (De La Garza v. Booth, 28 Tex., 482; Paschal’s Dig., art. 3781.)
The object of the statute is to provide a “ quick, simple remedy, to close a suit already determined;” and the same penalty, to which it subjects the sureties as well as the sheriff, cannot be enforced by a distinct suit on the bond, or by “ a…
2Cases cited3 opinions
- de la Garza v. BoothTexas Supreme Court · 1866
- Ellison v. KeeseTexas Supreme Court · 1860
- Beaver v. BatteTexas Supreme Court · 1857
3Cited by10 opinions
- Silliman v. GammageTexas Supreme Court · 1881
- Schloss v. Atchison, Topeka & Santa Fe Railway Co.Texas Supreme Court · 1893
- Fort Worth & D. C. Ry. Co. v. BrewerCourt of Appeals of Texas · 1928
- Redus v. BlucherCourt of Appeals of Texas · 1918
- Green v. PrinceCourt of Appeals of Texas · 1918
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