Tierney v. Frazier

Citations

• 57 Tex. 437
• 1882 Tex. LEXIS 165

Syllabus

<p>1. Execution—Levy—Sheriff, when protected.— A sheriff is protected in levying an execution, although he may have been notified of outside facts rendering it invalid.</p> <p>2. Same—Knowledge — Notice.—The law will not charge the officer with knowledge of the invalidity of the writ by reason of his having been so notified. But queere, would the sheriff be protected where the facts rendering the execution void had occurred under his personal observation?</p> <p>3. Same — Payment — Receipt.— Where the defendant in execution produced to the sheriff receipts from the judgment creditor acknowledging full satisfaction of the judgment, but specifying the receipt of a sum several dollars less than the judgment, and specifying also that the party giving the receipt would pay all costs, the officer was justified in declining to pass upon the genuineness and validity of the receipts, and in proceeding to make a levy.</p> <p>4. Same—Malice in officeb.—The act of levying, being legal, would not become actionable though clone with a bad intent, or maliciously and willfully.</p> <p>5. Practice in supreme court — Demurrer to evidence.—An appellant who joined in a demurrer to the evidence without objecting to it as not made at the . right time, cannot make that objection available in the supreme court.</p> <p>6. Demurrer to evidence.— See this case for facts held sufficient to sustain a demurrer to the evidence.</p>