Legal Opinion

Garner v. Burleson

Texas Supreme Court

Decided July 1, 1862PublishedCited by 16 opinions

Appeal from Leon. Tried below before the Hon. John Gregg. This was a suit by attachment brought by the appellees against James H. McLendon and his sureties upon his bond as a deputy sheriff, to recover the sum of one thousand five hundred and eighty-five dollars and twenty cents, being the amount with damages which two of the appellees, Charles Craig and Joseph Evans, had been compelled to pay on account of a defalcation by the defendant, McLendon.

Read the full summary

Appeal from Leon. Tried below before the Hon. John Gregg. This was a suit by attachment brought by the appellees against James H. McLendon and his sureties upon his bond as a deputy sheriff, to recover the sum of one thousand five hundred and eighty-five dollars and twenty cents, being the amount with damages which two of the appellees, Charles Craig and Joseph Evans, had been compelled to pay on account of a defalcation by the defendant, McLendon. The appellee, Burleson, was the sheriff, and Craig and Evans two of his sureties. The property levied upon by attachment was replevied under two…

1Opinion of the CourtBeli, J.

It cannot be doubted that the court below erred in overruling the motion to quash the attachment. (Hopkins v. Nichols, 22 Tex. R., 206.) But we are of opinion that the confession of judgment must be held to opéz-ate as a release of all errors in the record, and as binding upon the securities upon the replevin bonds, as Well as upon their principal. (Storey v. Nichols, 22 Tex. R., 87; Oldham & White’s Dig., art. 500.)

The judgment of the court below is affirmed.

Judgment affirmed,

2Cited by16 opinions

  1. Wandelohr v. Grayson County National BankTexas Supreme Court · 1908
  2. Parks v. KnoxCourt of Appeals of Texas · 1910
  3. Lessing v. Cunningham & HardeeTexas Supreme Court · 1881
  4. Dunnenbaum & Friedlander v. Schram & Co.Texas Supreme Court · 1883
  5. Nissan v. Weiss (In Re Weiss)United States Bankruptcy Court, S.D. New York · 1999

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API