Legal Opinion
Branscum v. Reese
Court of Appeals of Texas
Decided December 13, 1919No. 9188PublishedCited by 4 opinions
Appeal from Jones County Court; J. F. Lindsey, Judge. Proceedings by Thomas Branscum against John R. Bannister, Sheriff, and another, defended on the ground that money which had come into defendants’ hands by virtue of plaintiff’s execution had been applied by them in satisfaction of a prior execution of Jeff Reese against plaintiff. From a judgment adverse to plaintiff, on appeal by defendants from a justice to the county court, plaintiff appeals.
1Opinion of the CourtConner, C. J.
Article 3774, Vernon’s Sayles’ Texas Civil Statutes, provides that—
“When an officer has collected money on execution, he shall pay over the same to the party entitled thereto at the earliest opportunity.”
The next article (3775) provides that—
“Should an officer fail or refuse to pay over money collected under an execution when demanded by the person entitled to receive the same, he shall be liable to pay to such person the amount so collected, with damages at the rate of five per cent, per month thereon, besides interests and costs, which may be recovered of him and his sureties by the party…
2Cases cited10 opinions
- Gimbel & Son v. J. Gomprecht & Co.Texas Supreme Court · 1896
- S. S. White Dental Manufacturing Co. v. HertzbergTexas Supreme Court · 1899
- Mann v. KelseyTexas Supreme Court · 1888
- Simpson v. HustonTexas Supreme Court · 1855
- Blanton & Nunnally v. Langston & Co.Texas Supreme Court · 1883
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Evans v. EllisCourt of Appeals of Texas · 1923
- Herring-Turner Hardware Co. v. ParkCourt of Appeals of Texas · 1939
- Parker v. HolsteadTexas Commission of Appeals · 1923
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