Legal Opinion

Heidenheimer Bros. v. Brent

Texas Supreme Court

Decided June 5, 1883No. Case No. 4863PublishedCited by 15 opinions

Appeal from Navarro. Tried below before John Q. Bice, Esq., special judge. On the 3d of February, 1874, this suit was instituted against J. H. Brent, former sheriff of Navarro county, and against appellees, sureties on his official bond.

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Appeal from Navarro. Tried below before John Q. Bice, Esq., special judge. On the 3d of February, 1874, this suit was instituted against J. H. Brent, former sheriff of Navarro county, and against appellees, sureties on his official bond. The object of this suit was to recover of Brent and his sureties judgment for $650. The facts on which plaintiffs relied for their recovery were stated substantially as follows in the petition: On the 12th day of August, 1872, Brent was appointed sheriff of Navarro county, gave bond with appéllees his sureties, and entered upon the discharge of the duties of…

1Opinion of the Court

West, Associate Justice.—

The suit was dismissed as to the sheriff, and prosecuted against his sureties alone. The special exceptions of appellees filed, both to the original and amended pleadings of appellants, point to the fact thj„t these pleadings fail to show that the money sought to be recovered of them, as sureties of the sheriff, ever came into his hands by virtue of any process or precept lawfully directed to him. They object to the pleadings of the appellants, because they do not show that the money sought to be recovered was ever received by their principal in his official capacity,…

2Cases cited2 opinions

  1. People of the State of N.Y. v. . PennockNew York Court of Appeals · 1875
  2. Schloss v. WhiteCalifornia Supreme Court · 1860

3Cited by15 opinions

  1. Gold v. CampbellCourt of Appeals of Texas · 1909
  2. Jeff Davis County v. DavisCourt of Appeals of Texas · 1917
  3. Continental Casualty Co. v. MillerCourt of Appeals of Texas · 1940
  4. State v. MooreNebraska Supreme Court · 1898
  5. Am. Sur. Co. of New York v. Hidalgo Cty.Court of Appeals of Texas · 1926

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