State v. Moore

Stayton, Associate Justice.

This'action was brought by the state of Texas, through the attorney general, by motion, against E. T. Moore, county attorney for Travis county, to compel Moore to pay into the state treasury a certain sum of money, collected of A. M. Mcllvaine and others by Moore, as county attorney, under a judgment against Mcllvaine, who was a defaulting tax collector, and his sureties. Moore, the county attorney, resisted the motion, upon the ground that he was entitled to retain the money in controversy as his commission of ten per cent, on the sum collected from Mcllvaine and…