Legal Opinion

Eichoff v. Tidball

Texas Supreme Court

Decided April 22, 1884No. Case No. 5101PublishedCited by 8 opinions

Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Wm. Eichoff brought this suit, charging in substance: That on the 22d of March, 1878, he recovered a judgment in the district court against one Henry Eichoff for $4,872.54, and for the foreclosure of his attachment lien on certain goods levied on; that after-wards, at the same term of court, on the 12th of April, at the instance of the appellees, Conrados, Logeman, Siler, Vonbrock, Meyer and Kerchner, who were…

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Appeal from Tarrant. Tried below before the Hon. A. J. Hood. Wm. Eichoff brought this suit, charging in substance: That on the 22d of March, 1878, he recovered a judgment in the district court against one Henry Eichoff for $4,872.54, and for the foreclosure of his attachment lien on certain goods levied on; that after-wards, at the same term of court, on the 12th of April, at the instance of the appellees, Conrados, Logeman, Siler, Vonbrock, Meyer and Kerchner, who were intervenors in the suit of appellant v. Henry Eichoff, that judgment was by the court amended and reformed so that the…

1Opinion of the Court

Willie, Chief Justice.—

The transcript does not disclose which of the grounds contained in the demurrer to the petition of ap pellant were sustained by the court below. Those relied upon here are: 1st. The instrument sued on is not one provided by our statutes ; and 2d. Cannot be enforced as a commop law bond.

*425It is said, also, that it is not made payable as directed by the order authorizing it, but this is not borne out by the record. The order does not name the sheriff as the party who is to be made obligee of the bond. It merely requires that it shall be filed with that officer, and no…

2Cited by8 opinions

  1. Southern Surety Co. v. Nalle & Co.Texas Commission of Appeals · 1922
  2. Watkins v. MinterTexas Supreme Court · 1915
  3. Leona I., M. & C. Co. v. RobertsTexas Supreme Court · 1884
  4. J. T. Sullivan & Co. v. ClevelandTexas Supreme Court · 1884
  5. Edmiston v. Concho CountyCourt of Appeals of Texas · 1899

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