Hurlock v. Reinhardt

Citations

• 41 Tex. 580

Syllabus

<p>1. Suit on sheriff’s bond—Misjoinder of parties.—It is error to join as defendants the sureties on a sheriff’s bond and a deputy of such sheriff.</p> <p>2. Answer before default.—It is error to render judgment where it is shown by the record that answer was filed, although filed after default day, the record failing to show that default was actually taken.</p> <p>3. Practice—Damages.—It is error to render judgment by default final without a jury upon a suit for damages against sureties of a sheriff for nonfeasance or malfeasance in office.</p> <p>4. Measure of damages.—In a suit on a sheriff’s bond, for the failure of the sheriff to sell attached property in his hands, under order for its sale, the measure of damages is the value of such property, not the amount of the judgment.</p>