Hurlock v. Reinhardt
Texas Supreme Court
Error from Anderson. Tried below before the Hon. A. J. Fowler. August Reinhardt brought suit against H. V. Hurlock and Ira B. Taylor, sureties of G. D. Kelley, sheriff of Anderson county, but who had left the State, and H. B. Wilder, a deputy under Kelley, for damages, in that Wilder, as deputy sheriff, in gross neglect of duty, and in will-' ful disregard of the rights of plaintiff1, had failed to make sale of four mules under an order of sale issued under a judgment in…
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Error from Anderson. Tried below before the Hon. A. J. Fowler. August Reinhardt brought suit against H. V. Hurlock and Ira B. Taylor, sureties of G. D. Kelley, sheriff of Anderson county, but who had left the State, and H. B. Wilder, a deputy under Kelley, for damages, in that Wilder, as deputy sheriff, in gross neglect of duty, and in will-' ful disregard of the rights of plaintiff1, had failed to make sale of four mules under an order of sale issued under a judgment in attachment against one Gr. M. Oox for $225.64 in favor of plaintiff. It was alleged that the mules were in the possession…
1Opinion of the Court
Moore, Associate Justice.
This case presents an unbroken series of errors from its commencement to its conclusion. The suit is brought to recover damages sustained by reason of a breach of official duty by the sheriff, committed, however, as appears from the petition, by his deputy. It seems to be intended as a suit upon the bond of the sheriff, and also the bond of the deputy to his principal. . The parties who are made defendants to the action *582are the sureties of the sheriff and the deputy sheriff. It being averred in the petition that the sheriff and the sureties on the bond of the deputy…
2Cited by10 opinions
- Reher v. ReedCalifornia Supreme Court · 1913
- United States Fidelity & Guaranty Co. v. FossatiTexas Supreme Court · 1904
- Neville v. MillerCourt of Appeals of Texas · 1914
- Hewitt v. De LeonCourt of Appeals of Texas · 1928
- Keel & Son v. Gribble-Carter Grain Co.Court of Appeals of Texas · 1911
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