Carroll v. Peck
Texas Supreme Court
Carroll v. Peck, 31 Tex. 649 (Tex. 1869)
Caldwell
Carroll v. Peck
Opinion of the Court
—The only error relied on in this court is, that there was no sufficient service, in this, that the writ was “directed to the sheriff of Gonzales county,” and not to the “ sheriff or any constable of Gonzales county.”
The statute is in the alternative, and the writ may be directed to the. sheriff only, or, for sufficient cause, to the constable.
Judgment affirmed.
Reference
- Full Case Name
- Jacob Carroll, Jr. v. William D. W. Peck
- Status
- Published
- Syllabus
- A writ, dated 19th December, 1866, was directed “ to the sheriff of Gonzales county.” It was not fatal to the writ that it was not directed to “ the sheriff or any constable,” as required by the amendatory act of 12th November, 1866. (Paschal’s Dig., 2d ed., Art. 1430.)