53 Tex. 613 | Tex. | 1880
Most of the grounds relied upon for the reversal of this judgment are not warranted by the record, or are so obviously unfounded that we need not consider or pass upon them. We will therefore confine ourselves in the disposal of this appeal to the questions presented which are warranted by the record, and which must control our judgment.
1. The court below was asked by appellant to instruct the jury, “ that it is no part of the duty of counsel for plaintiff in execution to point out property for a sheriff to levy upon, and if he does so, the sheriff only adopts it as his own act. But if
2. The gravamen of this motion is the failure of appellee to levy an execution which came to his hands in November, 1878. To rebut testimony tending to prove that the defendant in execution was in possession of property subject to levy at the time the execution was placed in appellee’s hands, the court admitted, over the objection of appellant, the tax rolls for the year 1878, which showed that the defendant in execution did not render for taxation in said year 1878, property of the character and description of that which the testimony in behalf of appellant tended to prove he owned in November of said year, when the execution came to the hands of appellee. This ruling, we think, is clearly erroneous. The tax rolls embrace only the property owned by the tax-payer on the first day of January of the year for which it was made; and certainly the fact that the defendant in execution did not own, on the first day of January, specific property, would not tend to prove that he did not own such in the following November.
3. The statements made by defendant in execution to appellee, after the return of the execution, which appellee was
The judgment is reversed and the cause remanded.
Reversed and remanded.
[Opinion delivered October 23, 1880.]