Sherwood v. Jordan
Texas Commission of Appeals
Appeal from Galveston county. Opinion by Walker, P. J. Statement.— This suit was brought by the appellee, Jordan, against the appellant, Sherwood, to recover the alleged pro rata liability of the defendant as one of the plaintiff’s co-sureties on the official bond of one Derks, as sheriff, alleged to be a defaulter in respect to the county taxes collected for Galveston county, and not paid by the said sheriff as he was by his duty and the bond of office required to do.
Read the full summary
Appeal from Galveston county. Opinion by Walker, P. J. Statement.— This suit was brought by the appellee, Jordan, against the appellant, Sherwood, to recover the alleged pro rata liability of the defendant as one of the plaintiff’s co-sureties on the official bond of one Derks, as sheriff, alleged to be a defaulter in respect to the county taxes collected for Galveston county, and not paid by the said sheriff as he was by his duty and the bond of office required to do. The plaintiff alleged that when Derks defaulted, he, plaintiff, made terms of compromise with the county authorities in…
1Opinion of the Court
Opinion.— Of the numerous grounds which are relied on by the appellant for the reversad of the judgment, a due and proper consideration of this appeal requires a consideration only of such as have been presented in the brief and argument of appellant’s counsel, and to these we shall mainly confine our remarks.
The seventh assignment of error is as follows:
“ The court erred in giving judgment for the plaintiff as a surety against his co-surety, the defendant, when it is not alleged in plaintiff’s petition that the principal in said bond was insolvent or beyond the jurisdiction of the court.”
This…
2Cases cited3 opinions
- Jordan v. Hudson's Ex'orsTexas Supreme Court · 1853
- Hicks v. BaileyTexas Supreme Court · 1856
- Petty v. ClevelandTexas Supreme Court · 1847