Wright v. Leath
Texas Supreme Court
Error from Rusk. Tried below before the Hon. W. W. Morris. This was a motion by the defendant in error, against W. C. Wright, sheriff of Rusk county, and the sureties on his official bond, for the recovery of money collected by him under execution, which he had failed to pay over. The only question in the case, arose upon the exceptions taken by the plaintiffs in error to the ruling of the court, as to the validity of the sheriff’s bond.
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Error from Rusk. Tried below before the Hon. W. W. Morris. This was a motion by the defendant in error, against W. C. Wright, sheriff of Rusk county, and the sureties on his official bond, for the recovery of money collected by him under execution, which he had failed to pay over. The only question in the case, arose upon the exceptions taken by the plaintiffs in error to the ruling of the court, as to the validity of the sheriff’s bond. The parties waived a jury, and submitted the case to the court, upon the sufficiency of the bond of Wright, and the exceptions taken by the defendants to the…
1Opinion of the CourtWheeler, C. J.
The question raised by the exception is, whether the sheriff’s bond, on which this recovery was obtained, became effectual by delivery, as the bond of the oEcer, contemplated by the statute, (Hart. Dig., Art. 2882.) It is insisted that *28it did not, because it does not appear that it was approved by the County Court, but only by the chief justice; and in support of the objection, two decisions, one by the Supreme Court of North Carolina, and the other by the Supreme Court of Georgia, are relied on.
In the former case, (State v. Shirly, 1 Iredell, Law Rep. 597,) a constable, whose bond was in…
2Cases cited5 opinions
- Bank of United States v. DandridgeSupreme Court of the United States · 1827
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
- State v. PurcellTexas Supreme Court · 1856
- Apthorp v. NorthMassachusetts Supreme Judicial Court · 1817
- Crawford ex rel. Tarpley v. MeredithSupreme Court of Georgia · 1849
3Cited by11 opinions
- Ex Parte AllisonCourt of Criminal Appeals of Texas · 1905
- City Nat. Bank v. Eastland CountyCourt of Appeals of Texas · 1928
- T. L. Oglesby's Sureties v. StateTexas Supreme Court · 1889
- Tidemann v. CommissionerUnited States Tax Court · 1943
- Morris County Nat. Bank v. ParrishCourt of Appeals of Texas · 1918
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