Morrill v. Fitzgerald

Citations

• 36 Tex. 275

Syllabus

<p>1. A motion to correct a sheriff’s return on an execution is determinable by the court, without a jury.</p> <p>2. On an execution issued in 1861, the then sheriff received and credited a partial payment of eighty-three dollars, made in Confederate money. In 1867, alias execution issued, and the balance being made in good money, the alias was returned satisfied in full. The plaintiff in execution filed his motion in the court below, alleging that-the Confederate money payment was unauthorized, illegal, and void, and praying that the return of satisfaction in full he set aside, and execution awarded, etc. The defendants in execution demanded a jury trial of the motion, hut this was refused, and the evidence offered hy hoth parties being heard hy the judge, the plaintiff’s motion was sustained. Reid, that there was no error in the action of the court helow.</p>