Morris v. State
Texas Supreme Court
Appeal from. Travis. Tried below before the Hon. J. P. 'Richardson. July 23,-1873, the State brought suit, in the-Travis District ■Court, against W. H. Morris, as sheriff and collector of McLennan county, and his sureties on his official bond, for certain balances alleged to be due from said Morris, as collector of taxes.
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Appeal from. Travis. Tried below before the Hon. J. P. 'Richardson. July 23,-1873, the State brought suit, in the-Travis District ■Court, against W. H. Morris, as sheriff and collector of McLennan county, and his sureties on his official bond, for certain balances alleged to be due from said Morris, as collector of taxes. The breaches of the bond, as alleged in the petition, were as follows: “ 1st. That after the execution thereof, as aforesaid, the said defendant Morris, as such sheriff, as aforesaid, became chargeable with, and received and collected of money due the plaintiff for the year…
1Opinion of the Court
Moore, Associate Justice.
If there was any defect in the original petition which could have been reached by a general demurrer, it was unquestionably cured by the amendments filed by appellee before the case came to trial. The motion in arrest of judgment was, therefore, properly overruled.
The objection that the certified transcript from the books of the comptroller of public accounts, showing a statement of account between the State and appellant, W. H. Morris, was not admissible in evidence, because said accounts are not the character of accounts- contemplated in the statute under which said…
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