72 NICHOLS v. SNOW. [Tyler Term,
the defendant as an officer. If the word be taken "in the
sense in which it is understood in common language," it
certainly embraces deputies and other than constitutional
officers. (Pas. Dig., art. 1630.) It is defined more than
once in the Criminal Code, and also in the Code of Procedure;
and whilst the former definitions, at least, are not
intended to be of general application, they certainly negative
the idea that the word, when used in the code, means
only an officer known to the Constitution. For example,
in the chapter of the Criminal Code concerning " Offenses
relating to the arrest and custody of prisoners," it is provided:
" By ' officer,' as used in this chapter, is rneant any
peace officer, or sheriff, deputy sheriff constable of a beat,"
&c. (Pas. Dig., arts. 1964, 1978, 1982, 1983.) So the Code
of Criminal Procedure says: '"The general term officers'
includes both magistrates and peace officers." (Art. 2521.)
"The following are peace officers: the sheriff and his deputies,"
&c. (Art. 2520.) The court did not and does not
hold that a deputy sheriff is an independent officer known
to the Constitution, but holds him to be an officer within
the meaning of the law punishing embezzlement of public
money. The application for rehearing is refused.
SUSAN NICHOLS V. II. J. SNOW.
1. PRACTICE.-In proceedings for injunction, the plaintiff cannot open
up a judgment rendered more than two years previous by setting
up a new cause of action.
2. JURISDICTION.-The act organizing the County Courts limited their
jurisdiction, as to the amount in controversy, to sums not exceeding
five hundred dollars, exclusive of interest, (Pas. Dig., art. 6068;) and
were three separate suits had been commenced between the same
parties, each for less than five hundred dollars, and the counter
claims for payments having been referred to arbitrators, who found
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 September 16, 2014.