Legal Opinion

Swan v. State

Texas Supreme Court

Decided July 1, 1877PublishedCited by 9 opinions

Appeal from Anderson. Tried below before the Hon. E. 5. Walker. This suit was brought in April, 1873, in the District Court of Anderson county, against George D. Kelley, George W. Whitmore, and others, as sureties on Kelley’s official bond. The case seems not to have been managed in the court below by the counsel who conducted it in the Supreme Court.

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Appeal from Anderson. Tried below before the Hon. E. 5. Walker. This suit was brought in April, 1873, in the District Court of Anderson county, against George D. Kelley, George W. Whitmore, and others, as sureties on Kelley’s official bond. The case seems not to have been managed in the court below by the counsel who conducted it in the Supreme Court. Indeed, the amended answers of Whitmore and his co-sureties are signed by the parties themselves “by attorney,” the name of the attorney not being given; and they well sustain, in the number of pleas filed, the defendant’s side of the “ mutual…

1Opinion of the Court

Roberts, Chief Justice.

The first assignment of error, that the court erred in overruling the exceptions of defendants, setting out the objection that the District Court of Anderson county had no jurisdiction over this case, is not well taken.

It proceeds on the position that Travis county alone has jurisdiction of such a suit, since the passage of the law of' 1870, permitting suit to be brought in Travis county, and authorizing the comptroller to proceed in a summary way in the collection of taxes against a defaulting tax collector. (Paschal’s Dig., art. 7638.)

That provision is evidently…

2Cases cited3 opinions

  1. Willis v. OwenTexas Supreme Court · 1875
  2. Morris v. StateTexas Supreme Court · 1877
  3. State v. KelleyTexas Supreme Court · 1875

3Cited by9 opinions

  1. Paxton v. StateNebraska Supreme Court · 1899
  2. Blaco v. StateNebraska Supreme Court · 1899
  3. Webb County v. GonzalesTexas Supreme Court · 1888
  4. AMERICAN EMPLOYERS'INS. CO. v. CableCourt of Appeals for the Fifth Circuit · 1939
  5. Duclos v. Harris CountyTexas Commission of Appeals · 1927

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