Starr County v. Guerra

POPE, Justice.

The question is whether a County Commissioner may be appointed Road Commissioner for the entire county and receive pay as permitted by Article 2350(6), Vernon’s Ann.Civ.Stats. The County Auditor, J. C. Guerra, refused to countersign the warrants to pay Efrain A. Duran as Road Commissioner, and in a suit brought by Starr County to compel Guerra to sign the warrants, the trial court ruled that Guerra, the Auditor, correctly refused to countersign these warrants.

Duran was the duly elected and acting County Commissioner of Precinct No. 1, Starr County. During January, 1955, the…