City of Marshall v. Bailey
Texas Supreme Court
Appeal from Harrison. Tried below before the Hon. C. A. Frazer. The city of Marshall brought this suit against J ames M. Bailey as principal, and A. G. Scogin, E. Greer and L. R. Ford as sureties, upon the official bond of said Bailey as city constable of Marshall. The bond was in the sum of one thousand dollars, and was conditioned for the faithful performance of the duties of said Bailey as constable.
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Appeal from Harrison. Tried below before the Hon. C. A. Frazer. The city of Marshall brought this suit against J ames M. Bailey as principal, and A. G. Scogin, E. Greer and L. R. Ford as sureties, upon the official bond of said Bailey as city constable of Marshall. The bond was in the sum of one thousand dollars, and was conditioned for the faithful performance of the duties of said Bailey as constable. The breach' assigned was his failure to pay over city taxes and fines by him collected to the amount of $782, and for his failure to collect and pay over the sum of $686, taxes due the city.…
1Opinion of the CourtMoore, J.
We are not advised by the record of the reasons which influenced the court below in sustaining the defendant’s exceptions to the plaintiff’s petition. It is said by counsel that the ground upon which the judgment of the court below was given, was that the directions of the city council not being set out in the petition, it did not sufficiently appear that they had been pursued in drawing the bond. If this was the case, we are of the opinion that the court gave too strict and technical a construction to the plaintiff’s petition. The bond was copied in the petition, and its execution and the…
2Cases cited3 opinions
- Warner v. BaileyTexas Supreme Court · 1852
- Justices of the Inferior Court v. EnnisSupreme Court of Georgia · 1848
- Prewitt v. FarrisTexas Supreme Court · 1849
3Cited by6 opinions
- Watkins v. MinterTexas Supreme Court · 1915
- Dignan v. ShieldsTexas Supreme Court · 1879
- Rose v. WinnTexas Supreme Court · 1879
- Lion Bonding & Surety Co. v. Trussed Concrete Steel Co. of TexasCourt of Appeals of Texas · 1918
- Edmiston v. Concho CountyCourt of Appeals of Texas · 1899
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