Heidenheimer Bros. v. Brent

Citations

• 59 Tex. 533
• 1883 Tex. LEXIS 220

Syllabus

<p>1. Sureties on sheriff’s bond.— To charge the sureties on a sheriff’s bond, the act complained of must not only be such as might be rightfully done by the sheriff as such, but which was actually done by him as sheriff under a claim of right to do it in his official capacity.</p> <p>2. Same.— To render the sureties of a sheriff responsible for money received, ■ it must be shown that it came into his hands as sheriff by virtue of some process or lawful authority, and that he then failed to pay it over.</p> <p>3. Same.— See statement of case for facts pleaded held insufficient, on exception, to render liable the sureties on the official bond of a sheriff.</p>