Harris, Norton & Co. v. Ellis
Texas Supreme Court
Appeal from Bowie. The case was tried before Hon. William S, Tqdd, one of the district judges. Harris, Horton & Co. recovered a judgment on the 17th September, 1857, against Littlebury A. Ellis, for $198 23 and costs.
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Appeal from Bowie. The case was tried before Hon. William S, Tqdd, one of the district judges. Harris, Horton & Co. recovered a judgment on the 17th September, 1857, against Littlebury A. Ellis, for $198 23 and costs. Execution issued, and on the 26th December, 1857, Ellis gave a delivery bond for the negress who had been levied on, which bond he forfeited, and an execution was issued against the defendant and his surety, but the sheriff did not levy this, and the day after the return day the sheriff receipted for satisfaction of the execution, part in cash and part in a draft on another…
1Opinion of the CourtMoore, C. J.
The receipt of the sheriff, upon which *6the appellee relies as evidence of the satisfaction of the judgment which he seeks to enjoin, shows that he paid to the sheriff the amount of said judgment in money and a draft on a third party, after the return day of the original execution, and at a time when there was no precept in his hands authorizing him to demand or collect the money to which appellants were entitled by said judgment.
The sheriff becomes the agent of the plaintiff to receive payment of a judgment when an operative execution comes to his hands, and he continues so as long as the…
2Cases cited3 opinions
- Mumford v. ArmstrongNew York Supreme Court · 1825
- Gardner v. TurnerNew York Supreme Court · 1812
- Farmers' Bank of Chattahoochie v. ReidSupreme Court of Alabama · 1842
3Cited by3 opinions
- Chance v. PaceCourt of Appeals of Texas · 1912
- Marx & Kempner v. CarlisleCourt of Appeals of Texas · 1881
- Tillman v. McDonoughCourt of Appeals of Texas · 1883