Mast v. Nacogdoches County
Texas Supreme Court
Appeal from Nacogdoches. Tried below before the Hon. James I. Perkins. Nacogdoches county, on February 19, 1887, instituted this suit against M. Mast, tax collector' of Nacogdoches county, and the sureties on his official bond, for two thousand six hundred and three dollars and twenty-five conts, county taxes', collected after the execution of his said bond by M. Mast, and converted to his own use and benefit.
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Appeal from Nacogdoches. Tried below before the Hon. James I. Perkins. Nacogdoches county, on February 19, 1887, instituted this suit against M. Mast, tax collector' of Nacogdoches county, and the sureties on his official bond, for two thousand six hundred and three dollars and twenty-five conts, county taxes', collected after the execution of his said bond by M. Mast, and converted to his own use and benefit. Appellee’s amended petition was filed on October 10, 1887, and the defendants answered by a general demurrer and general denial. The cause was tried at the October term, A. D. 1887, of…
1Opinion of the Court
Stayton, Chief Justice.
This action was brought by Nacogdoches county against M. Mast and the sureties on his bond *384as tax collector for that county, to recover taxes alleged to have been collected and not paid over.
The petition alleged the facts which showed that Mast was tax collector, and that he, as such officer, had collected the sum sued for.
A general demurrer to the petition was overruled, and this is assigned as error. It is urged that the petition should have alleged that the taxes were .levied by the commissioners court when all its members were present; that the taxes were assessed…
2Cases cited1 opinion
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