1875.] TINSLEY V. RUSK Co. 43
Opinion of the court.
($2,893.) Other breaches of the bond were charged, and a
judgment for the sums withheld, damages, &c., was asked
against defendants.. Plaintiff amended at a subsequent
term of the court, and charged a failure to account for or
pay over by defendant an amount received by him during
1868, 1869, and 1870, of taxes belonging to Rusk county,
of nearly seven thousand dollars.
Defendants filed a general exception to the petition, and
answered with a general denial, and a claim of seven hundred
dollars due McCammon by Rusk county, and a prayer
for judgment in defendants' favor for that amount. In
January, 1874, the court appointed an auditor to hear evidence,
examine books, papers, and accounts, and state accounts
between the county and McCammon. No report
was made by the auditor, and on the trial of the cause the
jury rendered a verdict against all the defendants for three
thousand eight hundred and six dollars, ($3,806.21,) and the
additional sum of eight hundred and fifty-eight dollars
($858.37) against McCammon separately.
Appellants' motion for a new trial having been overruled,
the sureties, Tinsley and Flanagan, jiave appealed, and
assign as errors: "1st. The court erred in overruling the
defendants' exceptions to the plaintiff's petition, as to the
sureties on McCammon's official bond, their liability on
said bond. having ended on the first day of January after
the date of said bond."
| It was contended in argument, and is urged at length ini
the brief by appellants' counsel, that as the act of 1866,
under which McCammon acted as assessor and collector of
taxes, required that "on the 1st day of January, or within
ten days thereafter, in each and every year, the assessor
and collector shall execute a like bond to the State, and
one to the county; therefore appellants, as sureties on the
bond, are not liable for the default of their principal occurring
after the expiration of the ten days next succeeding
the 1st of January, 1869, and cite in support of this view,
Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed April 28, 2015.