Legal Opinion

Bell v. McDonald

Texas Supreme Court

Decided July 1, 1853PublishedCited by 5 opinions

Appeal from Victoria. Tho defendant, Daniel McDonald, and tiie sureties on liis official bond as sheriff and tax collector of tiie comity of Victoria, were sued for his allowed dereliction in not paying over four thousand one hundred and seven 88-1 Oh dollars, taxes assessed for tiie year 1841, and collected, as alleged, hy tiie said McDonald.

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Appeal from Victoria. Tho defendant, Daniel McDonald, and tiie sureties on liis official bond as sheriff and tax collector of tiie comity of Victoria, were sued for his allowed dereliction in not paying over four thousand one hundred and seven 88-1 Oh dollars, taxes assessed for tiie year 1841, and collected, as alleged, hy tiie said McDonald. And by an amended petition, they were further charged with tiie allegad default of the said McDonald in not paying over tho sum of four thousand nine hundred and sixty-live 21-100 dollars collected by him in 18-11 from the delinquent (ax jiayers of…

1Opinion of the Court

Hemphill, Cii. J.

There lias been no appearance for tiie appellees, and we liave had no argument in support of the judgment of tiie court. We liave no means of ascertaining tiie views upon which tiie court acted in its various rulings, and this is to be regretted, as tiie principles which must liave been the basis'of some of tiie decisions, are not obvious. With regard lo tiie alleged error iu tiie rejection of the executions, it appears that the original petition claimed only the taxes assessed for tiie year 1841, but the amended petition claimed also'tiie amounts collected by McDonald in…

2Cited by5 opinions

  1. Morrison v. WalkerTexas Supreme Court · 1858
  2. Phipps v. ReedCourt of Appeals of Texas · 1949
  3. Farrell v. GilbertCourt of Appeals of Texas · 1922
  4. American Surety Co. v. Waggoner Nat. BankDistrict Court, N.D. Texas · 1934
  5. Mitchell v. LytleCourt of Appeals of Texas · 1879

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