Legal Opinion

Broad v. City of Paris

Texas Supreme Court

Decided April 23, 1886No. Case No. 5265PublishedCited by 10 opinions

Appeal from Lamar. Tried below before the Hon. R. R. Gaines. This was a suit instituted by the city of Paris, a municipal corporation, against T." Broad, E. Reuss, Joe Ballinger, T. H. Freese and P. H. Allen.

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Appeal from Lamar. Tried below before the Hon. R. R. Gaines. This was a suit instituted by the city of Paris, a municipal corporation, against T." Broad, E. Reuss, Joe Ballinger, T. H. Freese and P. H. Allen. The second amended original petition, which constituted plaintiff’s pleading on the trial of the case, was filed October 1, 1884, and alleged that about April 4, 1882, J. E. Roberts was elected treasurer of plaintiff, at a regular election, and that about April 12, 1882, he executed his bond as such treasurer to plaintiff for the sum of $2,000, with defendants as his securities,…

1Opinion of the Court

Robertson, Associate Justice.

The bond in suit is conditioned as prescribed by law for the security of the general revenues of the city. Article 365, R. S. Its terms are broad enough to cover the treasurer’s defalcation as custodian of the school fund. It is claimed, however, that its scope is limited by the statute, which authorizes the city to assume control of the free schools. The law conferring this authority is contained in chapter 3 of title 78, of the Revised Statutes. It is there provided that the treasurers of cities having the management of the schools shall have the same powers and…

2Cited by10 opinions

  1. Findley v. FindleyWest Virginia Supreme Court · 1896
  2. Town of Whitestown v. Title Guaranty & Surety Co.New York Supreme Court · 1911
  3. Coe v. NashTexas Supreme Court · 1897
  4. Forcy, Alias Jones v. StateCourt of Criminal Appeals of Texas · 1910
  5. City of Philipsburg v. DegenhartMontana Supreme Court · 1904

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