Legal Opinion

Bexar County v. Linden

Texas Supreme Court

Decided April 14, 1920No. 3213PublishedCited by 83 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Linden sued Bexar County and recovered judgment. On appeal by the County this was reformed and affirmed, 205 S. W., 478. Thereupon Bexar County obtained writ of error.

1Opinion of the Court

Mt?,. Chief Justice PHILLIPS

delivered the opinion of the court.

The case concerns the constitutionality of the statute (Article 3889 —Section 11, Act of 1897, as amended) requiring District Attorneys to pay into the county treasury what are termed the excess fees of their office.

The suit was one by W. C. Linden to recover an amount of such fees paid by him as District Attorney into the county treasury of Bexar County, and in which, by cross-action, Bexar County sought recovery against him for an amount claimed by it be still due upon such account. Mr. Linden prevailed in the trial court. Upon…

2Cases cited3 opinions

  1. City of Galveston v. PosnainskyTexas Supreme Court · 1884
  2. Heigel v. Wichita CountyTexas Supreme Court · 1892
  3. City of Sherman v. ShobeTexas Supreme Court · 1900

3Cited by83 opinions

  1. Childress County v. StateTexas Supreme Court · 1936
  2. City of Aransas Pass v. KeelingTexas Supreme Court · 1923
  3. County of Cameron v. WilsonTexas Supreme Court · 1959
  4. Hatcher v. State of TexasTexas Supreme Court · 1935
  5. Rhoads Drilling Co. v. AllredTexas Supreme Court · 1934

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