Spencer v. Galveston County
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by Spencer against Galveston county to recover the sum of $2,650, claimed as fees and commissions fixed by law and alleged to be due to him for official services as district attorney and ex-officio county attorney, for the prosecution on behalf of Galveston county of certain suits instituted by the latter upon the official bonds of Selim Rinker, deceased, late treasurer of said county, for alleged…
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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit by Spencer against Galveston county to recover the sum of $2,650, claimed as fees and commissions fixed by law and alleged to be due to him for official services as district attorney and ex-officio county attorney, for the prosecution on behalf of Galveston county of certain suits instituted by the latter upon the official bonds of Selim Rinker, deceased, late treasurer of said county, for alleged defalcation, and which suits were terminated by compromise made between the parties thereto, whereby the defendants therein…
1Opinion of the Court
Stayton, Associate Justice.
If the appellant was by virtue of his office as district attorney of the district composed of the counties of Galveston and Harris, entitled' to perform the duties pertaining to a county attorney, he being a resident of the county of Galveston, and ready and willing to prosecute the suits against Rinker and his sureties, under the facts of the case, the county could not avoid the payment of the sum which he claims. The county commissioners’ court in such case would not have the power to practically remove from office a person duly elected thereto in the manner…
2Cases cited1 opinion
- Johnson v. WilcoxTexas Supreme Court · 1880
3Cited by6 opinions
- City of Austin v. JohnsTexas Supreme Court · 1884
- Opinion No., Texas Attorney General Reports1984
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1961
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1951
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1941
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