Legal Opinion

Robinson v. Schmidt

Texas Supreme Court

Decided July 1, 1877PublishedCited by 6 opinions

' Error from Anderson county. Tried below before the Hon. M. H. Bonner. Schmidt & Zeigler, on the 5th of July, 1873, filed in the District Court of Anderson county a complaint, denominated by their attorneys a motion, against Julius W. Robinson, sheriff of Smith county, and against Ed. Sharp and five others, his sureties on his official bond.

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' Error from Anderson county. Tried below before the Hon. M. H. Bonner. Schmidt & Zeigler, on the 5th of July, 1873, filed in the District Court of Anderson county a complaint, denominated by their attorneys a motion, against Julius W. Robinson, sheriff of Smith county, and against Ed. Sharp and five others, his sureties on his official bond. Schmidt & Zeigler charged, that on December 6, 1872, they obtained judgment in the District Court of Anderson county against Sonbens and Stevens for fourteen hundred and sixty-one -fjfc dollars; that on February 5, 1873, they caused to be issued an alias…

1Opinion of the Court

Moore, Associate Justice.

We have been cited to no-statute authorizing the service of process from the District Court by a town or city marshal because the sheriff may be-a party to, or interested in, the suit or proceeding in which such process is issued. If the sheriff is disqualified- from executing process, the duty otherwise incumbent upon him, when the service here in question was had, unquestionably devolved upon one of the constables appointed for each of the-justices’ precincts of the county in which such sheriff resides. (Art. 5, sec. 21, Const. 1869; Paschal’s Dig., arts. 995, 1014;…

2Cases cited3 opinions

  1. McClane v. RogersTexas Supreme Court · 1874
  2. Griswold v. ChandlerTexas Supreme Court · 1859
  3. Burns v. JonesTexas Supreme Court · 1873

3Cited by6 opinions

  1. York v. TexasSupreme Court of the United States · 1890
  2. Randerson v. Dallas Joint Land BankTexas Supreme Court · 1941
  3. Evans v. Henry S. Miller CompanyCourt of Appeals of Texas · 1967
  4. Brown v. MitchellTexas Commission of Appeals · 1881
  5. Moore v. StateTexas Supreme Court · 1915

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