Hamilton v. Ward
Texas Supreme Court
Emu from Hod Hiver. This vas a summary proceeding; by motion of the District Court against a sheriff for failing to make return of an execution received by him in fa vor of the. defendant in error, and also for refusing to pay over money colleded nuder the execution.
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Emu from Hod Hiver. This vas a summary proceeding; by motion of the District Court against a sheriff for failing to make return of an execution received by him in fa vor of the. defendant in error, and also for refusing to pay over money colleded nuder the execution. The motion set. forth that on the 30th day of August, ISIS, an execution vas issued from tiie District Court of Ked Hiver county, in favor of William Ward, the defendant in error, against James T.atimer n's principal, and Albert II. Latimer and George II. Bagby as his sureties, for ¡M.'iS. principal, besides damages, costs, &c.;…
1Opinion of the CourtWheeler, J.
This proceeding was instituted under the act of 1812. (G Stat., 07, sees. 10 and 23.) The 10th section of the act provides: “That, should any sheriff or other officer fail or refuse to pay over money collected under an execution, when demanded by the person entitled to receive the same, lie shall be liable to pay ten per cent, per month on the amount so colleded, besides interest and costs; which may he recovered of him and his sureties by motion before the court from which such execution issued.”
By the 23d section it is enacted : “-That if any sheriff or other officer shall fail to make…
2Cases cited1 opinion
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