State v. Norrell
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. E. B. Turner. The state brought suit on the bond of defendant for a balance due as collector of taxes, and recovered judgment for the sum of $1,268.77. Execution was issued on the judgment by E. Hallman, clerk of the district court, and the amount of the judgment collected and paid over to him. Demand was made by state on the said clerk for the money collected on the judgment.
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Appeal from Travis. Tried below before the Hon. E. B. Turner. The state brought suit on the bond of defendant for a balance due as collector of taxes, and recovered judgment for the sum of $1,268.77. Execution was issued on the judgment by E. Hallman, clerk of the district court, and the amount of the judgment collected and paid over to him. Demand was made by state on the said clerk for the money collected on the judgment. He paid over all of the amount except $60.61, which he retained and refused to pay over, claiming the same as commissions allowed him by law. A motion was filed by the…
1Opinion of the Court
Bonner, Associate Justice.
The clerk of the district court of Travis county contends that he has the right to retain as his fees, under the provisions of article 1112 of the *431Revised Code of Criminal Procedure, the money for which this motion was made against him.
This article reads as follows: “The district or county attorney shall be entitled to ten per cent, on all fines, forfeitures or money collected for the state or county, upon judgments recovered by him, and the clerk of the court in which such judgments are rendered shall be entitled to five per cent, of the amount of said judgments, to…
2Cited by3 opinions
- Scott v. StateCourt of Appeals of Texas · 1894
- City of Austin v. JohnsTexas Supreme Court · 1884
- Hart v. StateCourt of Appeals of Texas · 1883