Citizens' State Bank of Wheeler v. American Surety Co. (65 S.W.2d 778, 1933)

JACKSON, Justice.

This is an appeal from the judgment of the district court of Wheeler county sustaining a general demurrer urged by the appellee the American Surety Company against the petition of appellant, Citizens’ State Bank of Wheeler.

The appellant alleged that Walter Keton McLemore was the duly elected and acting sheriff of Wheeler county from January 1, 1929, until December 31, 1930, and that the appellee was surety on his official bond during said period. That about September 20, 1929, the sheriff, acting in his official capacity, signed and acknowledged his account for fees in felony cases covering the 1929 August term of the district court of Wheeler county; presented said account, which aggregated $995.-65, to and secured the approval thereof, by the Honorable W. R. Ewing, judge of the district court of said county. That ón Septem-ber24ththereafter S. H. Terrell, comptroller of the state, approved the account and issued