de la Garza v. Bexar County
Texas Supreme Court
Appeal from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. The proceeding was by motion against Henry, sheriff, under the 10th section of the execution law.
Read the full summary
Appeal from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. The proceeding was by motion against Henry, sheriff, under the 10th section of the execution law. (Paschal’s Dig., Art. 3781, Note 872.) The motion alleged, * * “ comes John D. McLeod, chief justice of the county of Bexar, and who moves herein, in behalf of said county of Bexar, and alleges,” &c., to the effect that Henry, as sheriff, had received certain fines and forfeitures and costs, due the county under the law, to the amount of $720; also $670, the balance of the sale of a runaway slave,…
1Opinion of the Court
Morrill, O. J.
—Suit was brought by the chief justice of the county of Bexar in behalf of the county, upon a cause of action due to the county, against appellant and others, who excepted to the capacity of the plaintiff, and because the suit was not instituted by the county. Exceptions were overruled by the court, and this is assigned as error.
We believe the exception was well taken. The statute [Paschal's Dig., Art. 1044] provides that “Each county which now exists, or which may be hereafter established, in this state shall be a body corporate and politic.” Article 1045, “All suits brought by…
2Cited by3 opinions
- Smith v. MoselyTexas Supreme Court · 1889
- Panama Investment Co. v. RickerSupreme Court of Florida · 1916
- Erickson v. Board of County Commissioners of Sarasota CountyDistrict Court of Appeal of Florida · 1968