de la Garza v. Booth
Texas Supreme Court
Appeal from Bexar, The case was tried before Hon. Thomas J. Devine, one of the district judges. This was an action by the appellee against W. B. Henry, sheriff of Bexar county, and the sureties on his official bond. The appellant was the executrix of Jose de la Garza, one of the sureties, who died pending the suit. A plea to the jurisdiction was overruled, and judgment rendered for the amount of the execution and damages at ten per centum per month.
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Appeal from Bexar, The case was tried before Hon. Thomas J. Devine, one of the district judges. This was an action by the appellee against W. B. Henry, sheriff of Bexar county, and the sureties on his official bond. The appellant was the executrix of Jose de la Garza, one of the sureties, who died pending the suit. A plea to the jurisdiction was overruled, and judgment rendered for the amount of the execution and damages at ten per centum per month. The execution issued from the District Court of Liberty county, and the objection was, that suit should have been brought in that court. The…
1Opinion of the CourtCoke, J.
—The plea to the jurisdiction of the court was properly overruled.
That a summary motion against a sheriff and his sureties, to recover damages for failure to pay over money collected on an execution, is not cognizable in any other court than that whence the execution issued is not an open question in this court, and would seem too plain on the terms of the statute to be seriously controverted. (De Witt V. Dunn, 15 Tex., 108.)
But this is not such a proceeding. It is an action substantially in common-law form against the defendant, Henry, and the sureties on his oficial bond, for a breach of…
2Cases cited9 opinions
- M'Broom v. GovernorSupreme Court of Alabama · 1837
- Williams v. StorrsNew York Court of Chancery · 1822
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- Brewster v. Van NessNew York Supreme Court · 1820
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3Cited by15 opinions
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- Willis v. KeatorCourt of Appeals of Texas · 1915
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- Smith v. DunlavyTexas Supreme Court · 1869
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