McClane v. Rogers
Texas Supreme Court
Appeal from Nueces. Tried below before Hon. T. 0. Bar- . den. W. L. Bogers, Oct. 11th, 1872, sued John McOlane, alleging tliat on 28th Feb., 1872, one P. H. McManigle obtained judg ment against Richard King for four hundred dollars and sixty cents, and twenty-nine dollars and seventy cents costs of suit, in District Court of Nueces county; that on 16th March, 1872, said McManigle for value transferred said judgment to plaintiff (Rogers), of which transfer on April 8, 1872,…
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Appeal from Nueces. Tried below before Hon. T. 0. Bar- . den. W. L. Bogers, Oct. 11th, 1872, sued John McOlane, alleging tliat on 28th Feb., 1872, one P. H. McManigle obtained judg ment against Richard King for four hundred dollars and sixty cents, and twenty-nine dollars and seventy cents costs of suit, in District Court of Nueces county; that on 16th March, 1872, said McManigle for value transferred said judgment to plaintiff (Rogers), of which transfer on April 8, 1872, McClane was notified ; that on June 19, 1872, he received front King the sum of four hundred and forty-six dollars, to be…
1Opinion of the CourtMoore, J.
The appointment of a “ special sheriff,” to execute all process in the case, was certainly improper and unauthorized. By Section 21st, of Article 5th, of the Constitution, it is provided that the duties of the sheriff in all cases, where such duties had previously devolved upon the coroner, should in future be performed by a constable. The execution of all process, of whatever nature the same might be, in all cases whenever the sheriff was a party, had theretofore unquestionably devolved upon the coroner. (Paschal’s Digest, Art. 1014.)
There being no color of law for the appointment of a “…
2Cited by15 opinions
- Needham v. CooneyCourt of Appeals of Texas · 1915
- Galveston, H. & S. A. R. R. Co. v. DelahuntyTexas Supreme Court · 1880
- Hudson v. MorrissTexas Supreme Court · 1881
- Shipman v. WrightCourt of Appeals of Texas · 1928
- Bludworth v. PooleCourt of Appeals of Texas · 1899
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