Wilson v. Wichita County
Texas Supreme Court
Appeal from Wichita. Tried below before the Hon. B. F. Williams. Suit by Wichita county against Thomas 0. Wilson, ex-county treasurer of said county, and his sureties on the school tax bond, for the sum of six hundred and forty-two dollars and twenty-three cents, alleging that on November 4,1884, appellant, Thomas C. Wilson, was elected county treasurer of that county; that on the first day of December thereafter he gave bond, with himself as principal and John Richardson,…
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Appeal from Wichita. Tried below before the Hon. B. F. Williams. Suit by Wichita county against Thomas 0. Wilson, ex-county treasurer of said county, and his sureties on the school tax bond, for the sum of six hundred and forty-two dollars and twenty-three cents, alleging that on November 4,1884, appellant, Thomas C. Wilson, was elected county treasurer of that county; that on the first day of December thereafter he gave bond, with himself as principal and John Richardson, G. N. Randolph, George A. Soule and L. B. McMertry as his sureties; and that he entered upon the duties of said office…
1Opinion of the Court
Willie, Chief Justice.
There was no error in sustaining the demurrer to the special plea of defendant. It is too well settled to require discussion that an officer who is custodian of public money does not occupy the relation of a mere bailee for hire, who is responsible only for such care of the money as a prudent man would take of his own. He is bound to account for and pay over the public money, less his commissions, or his sureties must pay it for him. This has been expressly decided in our own State, and also in frequent decisions of the Supreme Court of the United States. (Bogg v. State,…
2Cases cited1 opinion
- Boggs v. StateTexas Supreme Court · 1876
3Cited by28 opinions
- Kidder v. HallTexas Supreme Court · 1923
- Wiley v. City of SpartaSupreme Court of Georgia · 1922
- Bush v. Johnson CountyNebraska Supreme Court · 1896
- State v. WalsenSupreme Court of Colorado · 1892
- Board of Education v. JewellSupreme Court of Minnesota · 1890
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