Everhart v. O'Bannon
Texas Commission of Appeals
Appeal from the County Court of Grayson. — This suit was brought in the county court, July 12, 1881, by appellees, G. W. O’Bannon and William Karsteller, against appellants, W. C. Ever-hart, as sheriff of that county, and E. L. Manson, Nat. Smith, R. P, Dicks, Thomas J. Belcher, M. Schneider, R. G. Hall, E. Everhart, V. H. Montgomery, G. H. Montgomery and John L. Kenedy, sureties on his official bond.
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Appeal from the County Court of Grayson. — This suit was brought in the county court, July 12, 1881, by appellees, G. W. O’Bannon and William Karsteller, against appellants, W. C. Ever-hart, as sheriff of that county, and E. L. Manson, Nat. Smith, R. P, Dicks, Thomas J. Belcher, M. Schneider, R. G. Hall, E. Everhart, V. H. Montgomery, G. H. Montgomery and John L. Kenedy, sureties on his official bond. The petition alleged that about January 22, 1880, plaintiffs brought suit in said county against one John D. Owens for the sum of $407.90; caused a writ of attachment to issue to the sheriff,…
1Opinion of the CourtDelaney, J.
Opinion by Our opinion is that there is error in the charge, for which the judgment should be reversed.
Plaintiffs complain that the sheriff has failed to do his duty,, whereby they have been damaged. Although this is a negative allegation, they should certainly have offered some proof to sustain it. (1 Greenl. Ev., sec. I'S.) The proof which they offered was that they put into the sheriff’s hands a writ, which directed him to attach goods enough to make something over four hundred dollars^, that the goods attached, when sold some months afterwards, brought only the two hundred and ten…
2Cases cited1 opinion
- Dewitt v. Oppenheimer & Co.Texas Supreme Court · 1879