Poer v. Brown
Texas Supreme Court
Error from Red River. Tried below before the Hon. William S. Todd. This was a motion by the defendant in error against Elias Peters, sheriff of Red River county, and M. A. Poer, James P. Alford, C. M. Waddill, and W. E. Estes, sureties on his official bond, to recover $167.67, principal, as also interest and damages, for money collected by the said sheriff, which he had failed to pay over, after demand duly made.
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Error from Red River. Tried below before the Hon. William S. Todd. This was a motion by the defendant in error against Elias Peters, sheriff of Red River county, and M. A. Poer, James P. Alford, C. M. Waddill, and W. E. Estes, sureties on his official bond, to recover $167.67, principal, as also interest and damages, for money collected by the said sheriff, which he had failed to pay over, after demand duly made. The motion was filed on the 28th day of December, 1858; on the 12th day of January, 1859, the plaintiff amended his motion, and alleged that Elias Peters was not a resident of the…
1Opinion of the CourtWheeler, C. J.
It is objected to the judgment, that the sheriff’s bond does not appear to have been properly taken, and is invalid, because, it is insisted, there is no sufficient evidence of any action of the County Court, directing in what sum it should he given, or approving of the sureties upon the bond, as the statute directs. (Dig., Art. 2882.) The giving of the bond presupposes that the sum for which it is given, had been previously fixed by the court, and is sufficient evidence of the fact. It is an admission that this pre-requisite of the law had been complied with, which the obligors cannot…
2Cited by6 opinions
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- City Nat. Bank v. Eastland CountyCourt of Appeals of Texas · 1928
- Kingsland, Ferguson & Co. v. HarrellCourt of Appeals of Texas · 1879
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