Legal Opinion

McInery v. City of Galveston

Texas Supreme Court

Decided January 19, 1883No. Case No. 971PublishedCited by 26 opinions

Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellant brought this suit against the city of Galveston May 21, 1877, to recover the sum of $0,832.82; of that amount, $6,679.01 was claimed as fees of the city clerk received and appropriated by the appellee from the 1st day of May, 1875, to the 31st day of March, 1877, during which time appellant claims to have been the clerk of said city, and as such entitled to said fees.

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Appeal from Galveston. Tried below before the Hon. Wm. H. Stewart. Appellant brought this suit against the city of Galveston May 21, 1877, to recover the sum of $0,832.82; of that amount, $6,679.01 was claimed as fees of the city clerk received and appropriated by the appellee from the 1st day of May, 1875, to the 31st day of March, 1877, during which time appellant claims to have been the clerk of said city, and as such entitled to said fees. Appellant claims the $153.81 as a balance of his salary due him for the month of March, 1877. Appellee answered by general demurrer and general denial,…

1Opinion of the Court

Watts, J. Com. App.

Appellant claims the fees accruing in the recorder’s court, upon the theory that this part of his compensation was established' by the charter, and could not be controlled by the council. Without undertaking to construe the various provisions of the charter touching the matter, we are of the opinion that even though the correctness of the construction contended for by him should be conceded, that still under the facts of this case the appellant could not maintain an action against the city to recover these fees.

Manifestly the salary was established at $4,000 a year, upon…

2Cases cited1 opinion

  1. Russell v. FarquharTexas Supreme Court · 1881

3Cited by26 opinions

  1. Calvert v. Texas Pipe Line CompanyTexas Supreme Court · 1974
  2. Calvert v. British-American Oil Producing Co.Texas Supreme Court · 1965
  3. Commercial Credit Co. v. American Mfg. Co.Court of Appeals of Texas · 1941
  4. Storrie v. Houston City Street Railway Co.Texas Supreme Court · 1898
  5. Headlee v. FryerCourt of Appeals of Texas · 1918

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