Smith v. Wingate
Texas Supreme Court
Appeal from Orange. Tried below before the Hon. W. H. Ford. Appellee, as county judge of Orange county, and for the use of the county, brought this suit in the district court, September 12,1882, against W. E. Eeed, late county treasurer of said county, and appellants as sureties on his official bond, to recover §835.77 and interest, for which amount it was alleged the treasurer had defaulted.
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Appeal from Orange. Tried below before the Hon. W. H. Ford. Appellee, as county judge of Orange county, and for the use of the county, brought this suit in the district court, September 12,1882, against W. E. Eeed, late county treasurer of said county, and appellants as sureties on his official bond, to recover §835.77 and interest, for which amount it was alleged the treasurer had defaulted. The bond was copied in the petition; it was duly executed, and was conditioned and payable as prescribed by the statute, except that it was payable to appellee without the addition of “ county judge of…
1Opinion of the Court
Willie, Chief Justice.—
The court below did not err in overruling the general and special exceptions to plaintiff’s petition. It would have been a more technical compliance with the statute in preparing the bond to have added to the name of D. E. Wingate his official designation. Still the bond is payable to the person holding the office of county judge, and was examined and approved in open court as required by law, which fact was certified to by D. E. Wingate himself, as county judge, he holding that office at the time, and the bond was properly filed and indorsed by the clerk of the county…
2Cases cited2 opinions
- Martel v. SomersTexas Supreme Court · 1863
- Price v. WileyTexas Supreme Court · 1857
3Cited by11 opinions
- Perkins v. TerrellCourt of Appeals of Texas · 1919
- Watkins v. MinterTexas Supreme Court · 1915
- McGinnis v. McGinnisCourt of Appeals of Texas · 1954
- Eastland County v. HazelCourt of Appeals of Texas · 1926
- Bordelon v. PhilbrickTexas Supreme Court · 1935
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