Erwin v. Bowman
Texas Supreme Court
Appeal from Brazos. Tried below before the Hon. John B. Rector. J. E. Magale, one of the defendants in the court below, recovered a judgment in the District Court of Brazos county against W. H. Bowman for the sum of $991.41. Writs of execution had been regularly issued on that judgment and the same kept alive.
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Appeal from Brazos. Tried below before the Hon. John B. Rector. J. E. Magale, one of the defendants in the court below, recovered a judgment in the District Court of Brazos county against W. H. Bowman for the sum of $991.41. Writs of execution had been regularly issued on that judgment and the same kept alive. On the 14th day of April, 1873, the clerk of the District Court of Brazos county issued the last writ of execution upon the judgment directed to the sheriff or any constable of Brazos county. That fieri facias was, in April, 1873, placed in the hands of defendant Erwin to be executed,…
1Opinion of the Court
Gould, Associate Justice.
The policy of the law forbids a sheriff or constable to enforce an execution for his own benefit, and the court did not err in so much of the charge as held Erwin, the constable, liable as a trespasser', if at the time of the levy and sale he had an interest in th'e judgment or its proceeds beyond his regular fee as constable. (Paschal’s Dig., art. 995; Carpenter v. Stillwell, 11 N. Y., 60 ; Mills v. Young, 23 Wend., 315; Rorer on Judicial Sales, secs. 594, 1024, and references; Riner v. Stacy, 8 Humph., 288.)
If either levy or sale was made by the direction or…
2Cases cited3 opinions
- Hanmer v. WilseyNew York Supreme Court · 1837
- Longcope v. BruceTexas Supreme Court · 1876
- In re FolsomNew York Court of Appeals · 1874
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- Claudine Hall v. Sylvia GarsonCourt of Appeals for the Fifth Circuit · 1970
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Bowles v. BriceTexas Supreme Court · 1886
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