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. Page: 215
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1875.3 MCCLANE V. ROGERS. 215
Statement of the case.
ment against Richard King for four hundred dollars and sixty
cents, and twenty-nine dollars and seventy cents costs of suit, in
District Court of Nueces county; that on 16th March, 1872,
said McManigle for value transferred said judgment to plaintiff
(Rogers), of which transfer on April 8, 1872, McClane was notified;
that on June 19, 1872, he received from King the sum
of four hundred and forty-six dollars, to be applied to the payment
of said judgment, to the said McManigle or his assignee,
whereby McClane became liable to pay said money to plaintiff;
that plaintiff made demand of MeClane of said money, etc.
In the record follows an application by plaintiff, Rogers, for
the appointment of a "special sheriff" to serve process in the
suit, it being against the sheriff, etc.
Upon this application the court appears to have made an
order appointing one Peter Benson special sheriff, and upon his
giving bond authorizing him " to execute all necessary process
" which may be issued in this cause."Benson
gave bond and took the oath of office under the
The citations and service are not copied in the transcript,
nor was the service of citation objected to; but general and
special demurrers were filed and at a subsequent term he pleaded
general denial, and specially that he was sheriff of Nueces
county, and that the money collected of King was by defendant,
as sheriff, received and appropriated to the satisfaction of
several judgments and executions against McManigle, which
executions were in defendant's hands as sheriff at the time
the money was collected of King, with the exception of
a small balance, which he had deposited with the clerk of
the District Court of Nueces county, from which the said executions
had issued. Among the executions so in MeClane's
hands was one in favor of J. B. Gentry & Son against McManigle.
(Gentry & Son intervened and adopted so far as applicable
the answer of McClane). McClane further answering denied
the validity of the assignment by McManigle to Rogers,
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/223/: accessed July 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .