26 Tex. 348
Decided July 1, 1862
Texas Supreme Court · decided 1862-07-01
Tried below before the Hon. John Gregg. This was a suit by attachment brought by the appellees against James H. McLendon and his sureties upon his bond as a deputy sheriff, to recover the sum of one thousand five hundred and eighty-five dollars and twenty cents, being the amount with damages which two of the appellees, Charles Craig and Joseph Evans, had been compelled to pay on account of a defalcation by the defendant, McLendon.
Good law ✅— No negative treatment on recordhow we know
Decided 1862-07-01
Cited by 10 later decisions — most recently June 1999
9 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →
¶1It cannot be doubted that the court below erred in overruling the motion to quash the attachment. (Hopkins v. Nichols, 22 Tex. R., 206.) But we are of opinion that the confession of judgment must be held to opéz-ate as a release of all errors in the record, and as binding upon the securities upon the replevin bonds, as Well as upon their principal. (Storey v. Nichols, 22 Tex. R., 87; Oldham & White’s Dig., art. 500.)
¶2The judgment of the court below is affirmed.
¶3Judgment affirmed,