ORTIZ v. M & M SALES CO.

No. 13-82-087-CV.

656 S.W.2d 554 (1983)

Solomon P. ORTIZ, Sheriff of Nueces County, Texas and St. Paul Fire and Marine Insurance Company, Appellants, v. M & M SALES COMPANY, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied September 8, 1983.


Attorney(s) appearing for the Case

Michael Westergren, County Atty., Corpus Christi, for appellants.

J.R. Keeling, Corpus Christi, for appellee.

Before BISSETT, UTTER and GONZALEZ, JJ.


OPINION

UTTER, Justice.

This is an appeal from a judgment in which appellee M & M Sales Company recovered damages from appellants Sheriff Ortiz and his surety St. Paul Fire and Marine Insurance Company which were allegedly caused by the sheriff's delay in issuing a writ of execution upon real property owned by the judgment debtor. The judgment debtor is not a party to this cause of action. The question presented is: Whether as a matter of law the filing...

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