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· 4/15/1867

Little v. Guest

Citations

  • 30 Tex. 1

Syllabus

<p>The 10th section of the execution law makes the sheriff liable to a summary-motion for money collected, when it has been “demanded by the person entitled to receive the same.” (Paschal’s Dig., Art. 3781, Note 872.)</p> <p>The section does not prescribe in whose name the motion shall he made, and it may be made by the person entitled to the money.</p> <p>The fees of officers are required to be taxed by the clerk, and to accompany the execution. (Paschal’s Dig., Arts. 3772, 3831, Note 863.)</p> <p>When the sheriff receives the costs, he receives it for the use of the officers, and not of the plaintiff in the execution. The clerk, therefore, entitled to such costs, may demand them of the sheriff, and is entitled to a motion under the 10th section of the execution law. (Paschal’s Dig., Art. 3781, Note 872.)</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding an argument that is “a half page in length and cites no authority” but “merely incorporates by reference a motion that was before the trial court” is not sufficient and deemed abandoned
  • point is deemed abandoned where argument is a half page in length, cites no authority and incorporates by reference another part of the record
  • a point is deemed abandoned where argument is half a page in length, cites no authority, and incorporates by reference another part of the record
  • provider is civilly liable to inebriant under Mo. Rev. Stat. § 537.053 (1988) if convicted of selling intoxicating beverages to a minor or obviously intoxicated person and the sale was the proximate cause of the injury or death

Source: CourtListener parenthetical corpus (CC0).

Judges: Willie

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