Legal Opinion

Rusk County v. Maloney

Court of Appeals of Texas

Decided May 6, 1931No. 3962Published

1Opinion

I think it appears from the language used in article 7335, R.S. 1925, that the power the Legislature intended to confer upon the commissioners' court was to contract with an attorney at law (and with no other person) "to enforce or assist in the enforcement of the collection" of delinquent taxes. The forced collection contemplated could have been accomplished in no other way than by suits in the courts, and only such attorneys could prosecute such suits. Baxter v. City of Venice, 271 Ill. 233, 111 N.E. 111; Kerr v. Regester, 42 Ind. App. 375, 85 N.E. 790. It follows, I think, the…

2Cases cited2 opinions

  1. Baxter v. City of VeniceIllinois Supreme Court · 1915
  2. Kerr v. RegesterIndiana Court of Appeals · 1908

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