Banks v. State

ARCHER, Chief Justice.

This is an appeal from a judgment in favor of the State of Texas and the County of Dallas, requiring the Administrator to pay a commission of one-half of one percent of the actual cash receipts of the Administrator of the Estate of Jewel Marie Banks, Deceased, amounting to $1,111.71 as a commission to the Probate Judge. There is no issue as to the amount due, if any.

The appeal is based on the error of the Trial Court in requiring the Administrator to pay a commission before discharging him and his surety, because the statute requiring payment of- such commission has been…