Fant Milling Co. v. May

Inability to agree with my associates in the holding made in this cause imposes the statutory duty of entering of record this statement of my grounds for dissent.

The statute, Art. 3825, Vernon’s Ann. Civ.Sts., provides: “Should an officer fail or refuse to levy upon or sell any property subject to execution, when the same might have been done, he and his sureties shall be liable to the party entitled to receive the money collected on such execution for the full amount of the debt, interest and costs, to be recovered on motion before the court from which said execution issued, five days…