FANT MILLING CO. v. MAY

No. 14315.

240 S.W.2d 445 (1951)

FANT MILLING CO. v. MAY et al.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied June 8, 1951.


Attorney(s) appearing for the Case

Gillespie & Gillespie, Sherman, for appellant.

Will R. Wilson, Jr., Dist. Atty., Harold W. McCracken, Rufus N. McKnight, Jr., and Billy B. Joiner, Asst. Dist. Attys., all of Dallas, for appellees.


YOUNG, Justice.

This suit was filed by appellant against Sheriff Bill Decker of Dallas County and surety on his official bond under Art. 3825, Vernon's Ann.Civ.St., seeking to fix liability for failure and refusal to levy on certain merchandise and fixtures described as the property of judgment debtor, Melvin May. Before making return of nulla bona on the execution in question, the Sheriff made request on the judgment creditor (appellant) to post an indemnity bond...

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