Garner v. Burleson
Texas Supreme Court
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.
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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
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