Wright v. McKenney

Citations

• 34 Tex. 568

Syllabus

<p>I. In proceeding by motion' against a sheriff and his sureties, the motion, stands in the place of a.potition. The proceeding is summary and quasi criminal, and the party plaintiff should be held to a strict compliance with the law. „</p> <p>■_ 2. A motion against a sheriff and the sureties on his bond failed to set out the bond, but merely averred that the persons designated as the sureties were such, and were liable as such. Held, that the motion is insufficient.</p> <p>3. Conclusions of law should not be pleaded, but the facts from which such conclusions may or may not be deduced.</p> <p>4. The liability of sureties is determinable by the nature of their undertaking ; and a proceeding against sureties should at least disclose sufficient of their undertaking to enable the court to judge of its nature.</p>