EVANS v. HENRY S. MILLER COMPANY

No. 4769.

440 S.W.2d 317 (1969)

Lon EVANS, Sheriff of Tarrant County, Texas, et al., Appellants, v. HENRY S. MILLER COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied April 10, 1969.


Attorney(s) appearing for the Case

Brown, Herman, Scott, Young & Dean, J. Shelby Sharpe, Ft. Worth, for appellants.

Akin, Steinberg & Stanford, Lawrence E. Steinberg, Dallas, for appellee.


OPINION

WILSON, Justice.

Plaintiff-appellee brought this action against the sheriff of Tarrant County and the surety on his official bond. It is a statutory action under Art. 3825, Vernon's Ann.Civ.Stat. to recover the amount of plaintiff's unsatisfied judgment previously obtained against Joseph Shoaf. The ground of recovery is that the sheriff failed to levy execution upon realty alleged to have been owned by Shoaf, the judgment debtor.

Plaintiff...

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