Legal Opinion

State v. Kelley

Texas Supreme Court

Decided July 1, 1875PublishedCited by 2 opinions

Appeal from Anderson. Tried below before the Hon. M. H. Bonner. This was a suit filed April 11, 1873, against John D. Kelley, (alleged to be absent from the State and insolvent,) late sheriff of Anderson county, and his sureties Ira B. Taylor, H. C. Hunt, and George W. Whitmore.

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Appeal from Anderson. Tried below before the Hon. M. H. Bonner. This was a suit filed April 11, 1873, against John D. Kelley, (alleged to be absent from the State and insolvent,) late sheriff of Anderson county, and his sureties Ira B. Taylor, H. C. Hunt, and George W. Whitmore. The petition alleged the election of Kelley to the office of sheriff of Anderson county, his qualification, the execution of bond in the sum of $8,000, on 26th October, 1870, conditioned that Kelley should “faithfully perform all the duties imposed upon him by law, and by the instructions of the Comptroller of Public…

1Opinion of the Court

Ireland, Associate Justice.

It does not appear upon what ground the general exceptions to the petition were sustained. It is assumed by counsel that it was because the bond declared on is payable to the State and designed *669to secure the State in the collection of the State taxes— the tax alleged to have been collected being “school tax.” (Paschal’s Dig., 6708, 6709.) Article 7612 provides for a bond to secure the “county taxes.”

The bond declared on is dated 26th October, 1870.

On the 22d of April, 1871, the legislature passed another act (Paschal’s Dig., art. 7681) prescribing conditions of…

2Cases cited1 opinion

  1. United States v. KirkpatrickSupreme Court of the United States · 1824

3Cited by2 opinions

  1. Swan v. StateTexas Supreme Court · 1877
  2. Simons v. County of JacksonTexas Supreme Court · 1885

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