Houston County v. Dwyer
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. W. D. Wood. Suit brought by Houston county against appellees, on the official bond of defendant Dwyer, as sheriff during the years 1870,1871 and 1872, to recover the amount of school-house taxes which had been levied by the county court and by the board of school directors of the county on the assessed values of taxable property for those years, and which it was alleged Dwyer, as sheriff, had collected and failed to pay over…
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Appeal from Houston. Tried below before the Hon. W. D. Wood. Suit brought by Houston county against appellees, on the official bond of defendant Dwyer, as sheriff during the years 1870,1871 and 1872, to recover the amount of school-house taxes which had been levied by the county court and by the board of school directors of the county on the assessed values of taxable property for those years, and which it was alleged Dwyer, as sheriff, had collected and failed to pay over or account for. Prayer for judgment with interest and costs, or in the alternative that if the court should be of opinion…
1Opinion of the Court
West, Associate Justice. —
The action of the court in charging the jury that the effect of the act of the 22d of April, 1871, was to work a release of the sureties of the appellee Dwyer from liability for any default of his after the date of that act is assigned as error. The charge of the court, too, to the effect that the judgment and action of the county court, had under the provisions of the act of February 10, 1874 (General Laws, ch. 8, p. 5), was to prevent a recovery of any greater amount than the sum of two hundred and forty-seven 82-100 dollars ($247.82), then ascertained as the…
2Cases cited8 opinions
- Hollingsworth v. HolshousenTexas Supreme Court · 1856
- Carter v. EamesTexas Supreme Court · 1876
- Morris v. StateTexas Supreme Court · 1877
- Armstrong v. LipscombTexas Supreme Court · 1854
- Lockhart v. Mayor of HoustonTexas Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Simons v. County of JacksonTexas Supreme Court · 1885