Robinson v. Schmidt

Citations

• 48 Tex. 13

Syllabus

<p>1. Service of process.—The fact that a sheriff is a party to, or interested in, a civil suit pending in a District Court, does not authorize the service of process issuing in the cause by a town or city marshal residing in the county.</p> <p>2. Discussed.—Burns v. Jones, 37 Tex., 50, discussed.</p> <p>3. Plea in abatement—Practice.—A plea in abatement is not waived by the mere fact that other pleas were at the same time filed by the same party.</p> <p>4. Approved.—Hagood v. Dial, 43 Tex., 625.</p> <p>5. Judgment.—The judgment as rendered in the District Court is an entirety as to all the parties against whom it is entered. It cannot be reversed and remanded as to some of the parties, and affirmed as to the others.</p> <p>6. Construction of statutes.—When a summary proceeding against a sheriff is instituted under the statute for his failure to execute process, the statute must be strictly followed.</p> <p>' 7. Jurisdiction—Sheriff—Practice.—A motion may be properly entertained in the court where judgment was rendered against a sheriff for not executing process issued under the judgment, though the sheriff may reside in another county.</p> <p>S. Measure of damages on failure to make levy.—The liability under the statute (Paschal’s Dig., 3796) for failure by a sheriff to make a levy, being prima, facie the full amount of the judgment, interest, and costs, may be limited by evidence showing that only a less sum could have been realized by a levy.</p>