Howard v. Tandy
Texas Supreme Court
Appeal from San Saba. Tried below before Hon. A. W. Moursund. This is a suit brought by W. W. Tandy in the District Court of San Saba County on the 6th day of August, 1888, against S. B. Howard and the sureties on his bond as sheriff, to recover the amount alleged to have been received by the said Howard on an execution in favor of W. W. Tandy against Low & Low, a firm composed of William G-. Low, Arthur Low, and R M. Low.
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Appeal from San Saba. Tried below before Hon. A. W. Moursund. This is a suit brought by W. W. Tandy in the District Court of San Saba County on the 6th day of August, 1888, against S. B. Howard and the sureties on his bond as sheriff, to recover the amount alleged to have been received by the said Howard on an execution in favor of W. W. Tandy against Low & Low, a firm composed of William G-. Low, Arthur Low, and R M. Low. The defendants S. B. Howard and his sureties answered November 24, 1888, by general denial, and specially pleading that said Howard as sheriff held in his hands executions…
1Opinion of the Court
HOBBY, Presiding Judge.
To permit the money in the hands of the sheriff which had been realized by Tandy from his .judgment against *453Low & Low et al. for damages resulting from their seizure and conversion of his exempt property to be applied to the satisfaction of an execution held by the same officer against Tandy and in favor of said Low & Low, as the appellants contend should have been done, tvould in effect render nugatory the exemption law of our State relating to personal property.
Adopted February 3, 1891..It would also, we think, operate practically to make a suit resorted to to secure…
2Cited by6 opinions
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
- Brymer v. TaylorCourt of Appeals of Texas · 1893
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903
- Snow v. WestUtah Supreme Court · 1910
- Gallup v. RunnelsCourt of Appeals of Texas · 1917
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