Walton v. Compton & Strother
Texas Supreme Court
Error from Navarro. The case was tried before Hon. John Gregg, one of the district judges. This was a motion entered at the fall term, 1858, of the District Court of Navarro county, by Compton & Strother, the defendants in error, against the plaintiff in error, who was the sheriff of the same county, and the sureties on his official bond. The facts are substantially shown in the opinion of the court.
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Error from Navarro. The case was tried before Hon. John Gregg, one of the district judges. This was a motion entered at the fall term, 1858, of the District Court of Navarro county, by Compton & Strother, the defendants in error, against the plaintiff in error, who was the sheriff of the same county, and the sureties on his official bond. The facts are substantially shown in the opinion of the court. The sheriff, under another execution, had sold the property for enough to satisfy the plaintiff’s execution; but, instead of exacting the money, he accepted receipts. The errors assigned were, in…
1Opinion of the CourtCoke, J.
—This is an .action against the plaintiff in errólas sheriff and the sureties on his official bond for failing to make a levy of 'an execution for $269 20 and costs in favor of the defendants in error against one Lockhart, issued from the District Court of Havarro county, and *573placed in his hands, and for failing to pay over money alleged to be collected hy virtue of said execution, brought under Arts. 865 and 872, O. & W. Dig.; [Paschal’s Dig., Arts. 3781, 3796, Notes 872, 884.] On the trial the defendants in error abandoned their claim for damages under Art. 865. The case was submitted to…
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