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HENRY S. MILLER COMPANY v. EVANS

No. B-1535.

452 S.W.2d 426 (1970)

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

Supreme Court of Texas.

Rehearing Denied April 15, 1970.

Attorney(s) appearing for the Case

Akin, Steinberg & Stanford, Paul H. Stanford and Richard W. Luerssen, Dallas, for petitioner.

Brown, Herman, Scott, Young & Dean, Beale Dean and J. Shelby Sharpe, Fort Worth, for respondents.

McGEE, Justice.

The Henry S. Miller Company brought this action against Lon Evans, Sheriff of Tarrant County, and against the surety on Evans' official bond, to collect money damages under Article 3825,1 for Evans' failure to levy execution on Amanda Street property in Fort Worth, Texas. Trial was had before the court without a jury, and judgment was rendered in favor of the Miller Company. The Court of Civil Appeals reversed and remanded...

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