Smith v. Tooke
Texas Supreme Court
Error from Colorado. Tried below before the Hon. James H. Bell. _ _ Suit by Isam Toote against Asa Smith, former Sheriff of Colorado county, and the sureties on his bond, commenced on the 22d day of Oct., 1856, alleging that on the 19th May, 1854, said plaintiff instituted a suit in said District Court, for a certain amount against one A. J. Shannon, and obtained an attachment, which he caused to be placed in the hands of said Asa, Sheriff as aforesaid ; that at that time…
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Error from Colorado. Tried below before the Hon. James H. Bell. _ _ Suit by Isam Toote against Asa Smith, former Sheriff of Colorado county, and the sureties on his bond, commenced on the 22d day of Oct., 1856, alleging that on the 19th May, 1854, said plaintiff instituted a suit in said District Court, for a certain amount against one A. J. Shannon, and obtained an attachment, which he caused to be placed in the hands of said Asa, Sheriff as aforesaid ; that at that time said Shannon had sufficient property in said county to have satisfied said demand and costs, to wit: eight head of horses,…
1Opinion of the CourtRoberts, J.
This is an action brought against Smith and his sureties on his bond, for his failure to perform his duty as Sheriff, in the execution and return of a writ of attachment, by which the defendant in error, Tooke, has been damaged to the amount of his debt. The petition contains two grounds of failure of duty. 1st. In having levied on property sufficient to satisfy the debt, and letting it get out of his possession, and disappear by his negligence. 2d. In not returning the writ of attachment.
If the evidence sustains either of these grounds, and there is no error in the charge of the Court, in…
2Cited by3 opinions
- Hunstock v. PalmerCourt of Appeals of Texas · 1893
- S. Jacobs, Bernheim & Co. v. ShannonCourt of Appeals of Texas · 1892
- Webb v. First Texas Chemical Mfg. Co.Court of Appeals of Texas · 1935