Looscan v. County of Harris
Texas Supreme Court
Appeal from Harris. Tried below before the Hon. James Masterson. This suit was instituted in the name of the county of Harris against the following officials of said county, viz.: M. Looscan, the county attorney; John A. Kerlicks, county clerk; Henry Scherffins, county treasurer; C. Anson Jones, county judge; O. C. Mulligan, Robert Blalock, James Harrington and J. C. McDougal, county commissioners.
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Appeal from Harris. Tried below before the Hon. James Masterson. This suit was instituted in the name of the county of Harris against the following officials of said county, viz.: M. Looscan, the county attorney; John A. Kerlicks, county clerk; Henry Scherffins, county treasurer; C. Anson Jones, county judge; O. C. Mulligan, Robert Blalock, James Harrington and J. C. McDougal, county commissioners. The object of the suit was two-fold ■—■ to recover from defendant Looscan $3,002.50, alleged to have been illegally paid to him by virtue of certain drafts issued by the county clerk on the county…
1Opinion of the Court
Walker, P. J. Com. App.
The question is distinctly made on the face of the petition, whether the district attorney may, under the authority conferred on him as such officer, institute this action in the name of “the county of Harris,” without the consent, and against the will even, of the commissioners’ court of said county.
The defendants’ exceptions to the action, so far as they sought to recover back from defendant Looscan the money received on the drafts which were issued to him, were sustained by the court, and the cause has proceeded to trial and a final disposition of it below on the…
2Cases cited2 opinions
- Daughtrey v. KnolleTexas Supreme Court · 1876
- Hays v. StewartTexas Supreme Court · 1852
3Cited by49 opinions
- Guynes v. Galveston CountyTexas Supreme Court · 1993
- Osborne v. KeithTexas Supreme Court · 1944
- Hoffman v. DavisTexas Supreme Court · 1937
- Terrell v. GreeneTexas Supreme Court · 1895
- Bland v. OrrTexas Supreme Court · 1897
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