Donley v. Wiggins

Citations

• 52 Tex. 301
• 1879 Tex. LEXIS 141

Syllabus

<p>1. Practice—Motion for new trial.—An affidavit made by a party to the suit to the existence of facts in support of a motion for a new trial, will not be regarded when, under the statute, the’part)'could not be a competent witness if the new trial should be granted.</p> <p>2. Damages—Sheriff.—In a proceeding against a sheriff on his official bond for failing to pay over money collected, the penalty of ten per cent, per month, will not be allowed when, without any excuse for the delay, several terms of the court are allowed to pass before proceedings against the officer are instituted.</p> <p>3. Affirmed.—Scogins v. Perry, 46 Tex., 113, affirmed.</p> <p>4. Demand.—See opinion for facts held to constitute a sufficient demand for the payment of money collected by a sheriff.</p>