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U. M. & M. CREDIT CORPORATION v. DOSS

No. 17376.

452 S.W.2d 45 (1970)

U.M. & M. CREDIT CORPORATION, Appellant, v. Jimmy DOSS et al., Appellees.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied March 20, 1970.

Attorney(s) appearing for the Case

Wm. Madden Hill, Ungerman, Hill, Ungerman & Angrist, Dallas, for appellant.

Guy Jones, Lynn Cooksey, Texarkana, for appellees.

BATEMAN, Justice.

Pursuant to Vernon's Ann.Civ.St., Art. 3825, the appellant sought by motion to recover from Clifton Clyde Rachel, Sheriff of Bowie County, Texas, and the surety on his official bond, the full amount of its judgment against Jimmy Doss, alleging failure and refusal by the sheriff to levy an execution. Art. 3825 is as follows:

"Should an officer fail or refuse to levy upon or sell any property subject to execution, when the same might have...

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