Moore v. Jarrett
Texas Supreme Court
Error from Bowie. The plaintiff brought suit against the sheriff on his official bond for an alleged liability incurred by the acceptance, by his deputy, of an order drawn upon the sheriff, as follows : “Sib: Pay over to J. C. Moore, or bearer, tlio sum of one hundred and “sixty-five dollars and seventy-two cents out of a judgment in favor of E. T. “Watson against S. S. Herring and others, with interest from date until paid, “this 1st January, 1S50, and tiffs shall be your…
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Error from Bowie. The plaintiff brought suit against the sheriff on his official bond for an alleged liability incurred by the acceptance, by his deputy, of an order drawn upon the sheriff, as follows : “Sib: Pay over to J. C. Moore, or bearer, tlio sum of one hundred and “sixty-five dollars and seventy-two cents out of a judgment in favor of E. T. “Watson against S. S. Herring and others, with interest from date until paid, “this 1st January, 1S50, and tiffs shall be your receipt for the same. “(Signed) JAMES JANES, “NANCY A. JANES.” Tiffs order was accepted by tlie sheriff’s deputy. It was…
1Opinion of the CourtWheeleb, J.
Without adverting- to all the various objections urged to the sufficiency of tlie petition, one only need he noticed, which will suffice to dispose of tlie ease. It does not appear that tlie acceptance of tlie order in question was an official act apperlaining to or done in the discharge of the duties of tlie office of sheriff. The person who drew the order is alleged to have been the beneficiary in tlie judgment as file ward of the person in whose favor it was obtained. The inference must be that the latter liad tlie legal right to receive the money collected upon the judgment, aud the…
2Cited by1 opinion
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