Beard v. City of Decatur
Texas Supreme Court
Appeal from Wise. Tried below before the Hon. O. 0. Potter. Suit brought by O. B. Beard, appellant, against the city of Decatur, alleging that the city was a municipal corporation, under general laws of the state of Texas, and that plaintiff, Beard, was, from August 6, 1882, up to the date of filing this suit, October 15, 1883, the duly appointed, qualified and acting treasurer of the city, and, as such, entitled to all the fees, perquisites and emoluments arising out of or…
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Appeal from Wise. Tried below before the Hon. O. 0. Potter. Suit brought by O. B. Beard, appellant, against the city of Decatur, alleging that the city was a municipal corporation, under general laws of the state of Texas, and that plaintiff, Beard, was, from August 6, 1882, up to the date of filing this suit, October 15, 1883, the duly appointed, qualified and acting treasurer of the city, and, as such, entitled to all the fees, perquisites and emoluments arising out of or incident to said office, to wit: Two and one-half per cent, for receiving, and two and one-half per cent, for…
1Opinion of the Court
Stayton, Associate Justice.
If the facts stated in the petition are true, then the appellant was the treasurer of the city of Decatur, and the only authorized custodian of its money.
The law under which the appellee is alleged to have been incorporated provides that the treasurer of the city “ shall receive and securely keep all moneys belonging to the city, and make all payments for the same upon the order of the mayor, attested by the secretary; ” and to secure the faithful performance of the duties of this officer he is required to give bond in favor of the city in such amount and in such…
2Cases cited6 opinions
- Board of Auditors v. BenoitMichigan Supreme Court · 1870
- McVeany v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1880
- People ex rel. Dorsey v. SmythCalifornia Supreme Court · 1865
- People ex rel. Stratton v. OultonCalifornia Supreme Court · 1865
- Stadler v. City of DetroitMichigan Supreme Court · 1865
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- City of San Antonio v. MicklejohnTexas Supreme Court · 1895
- Be Boest v. GambellOregon Supreme Court · 1899
- Bastrop County v. HearnTexas Supreme Court · 1888
- Robinson v. StateTexas Supreme Court · 1895
- Presidio County v. WalkerCourt of Appeals of Texas · 1902
14 more not listed; retrieve them via the Exa API.