Wall v. McConnell
Texas Supreme Court
Appeal from Houston. Tried below before the Hon. A. M. Miller, special judge. On April 20, 1885, appellant, in his capacity of county judge of Houston county, brought this suit, in the county court of that county, against John McConnell, the county treasurer, and John C. Wootters and John B. Smith, sureties on McConnell’s official bond, to recover, for the use of the county, $256.25 retained by that officer as commissions in alleged excess of what he was entitled1 to charge…
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Appeal from Houston. Tried below before the Hon. A. M. Miller, special judge. On April 20, 1885, appellant, in his capacity of county judge of Houston county, brought this suit, in the county court of that county, against John McConnell, the county treasurer, and John C. Wootters and John B. Smith, sureties on McConnell’s official bond, to recover, for the use of the county, $256.25 retained by that officer as commissions in alleged excess of what he was entitled1 to charge under the law. The suit was, subsequently, on motion of appellees, based on the disqualification of the judge of the…
1Opinion of the Court
Stayton, Associate Justice.
action was brought in the, name of W. P. Wall, county judge, for the use of Houston county, against its treasurer and the sureties on his oficial bond, to recover money which the treasurer claimed the right to retain as commissions on money received and disbursed by him. It is contended that the action cannot be sustained, for the reason that there is no averment or proof that the county commissioners’ court directed the suit to be brought. This is practically a suit on the treasurer’s bond, which the law requires to be made payable to the county judge. R. S., 988.…
2Cases cited1 opinion
- Looscan v. County of HarrisTexas Supreme Court · 1883
3Cited by14 opinions
- McKinney v. Robinson, JudgeTexas Supreme Court · 1892
- Humble Oil & Refining Co. v. KishiCourt of Appeals of Texas · 1927
- McConnell v. WallTexas Supreme Court · 1887
- Presidio County v. WalkerCourt of Appeals of Texas · 1902
- Llano County v. MooreTexas Supreme Court · 1890
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