TIREY, Justice.
Bosque County, acting by order of its Commissioners Court, brought this suit against George H. Grimes individually and New Amsterdam Casualty Company as surety on his bond as sheriff to recover certain excess mileage fees paid to defendant, Grimes, while in the discharge of his duties as sheriff. At the close of the testimony plaintiff and defendants made motions for instructed verdicts. The court granted plaintiff's motion and overruled defendants...
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