Red River County v. Graves

(after stating the facts as above). The suit by the appellant county was to recover in its own right sums in excess of $2,000 retained by its treasurer in 1919 and in 1920, as commissions he was entitled to (article 8875, Vernon’s Statutes as amended in 1920); whereas, the proof at the trial 'was that such excess did not belong to appellant, but to certain road districts within its limits.

The question (and. only one) presented by the appeal is: Did the trial court err when he determined that in such a suit appellant was not entitled to recover on such proof? ■We think the answer to the…