Hackler v. H. Kohnstamm & Co. of Texas

YOUNG, Justice.

Appellee’s statutory action was against the Sheriff of Camp County and surety on his official bond in form of motion under Arts. 3825 and 3826, Vernon’s Ann.Civ.St., viz. 1: (3825) “Should an officer fail or refuse to levy upon or sell any property subject to execution, when the same might have been done, he and his sureties shall be liable to the party .entitled to receive the money collected on such execution for the full amount of the debt, interest and costs, to be recovered on motion before the court from which said execution issued, five days previous notice thereof being…