City of Austin v. Walton
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. A. S. Walker. This suit was brought to recover of the oity ten per cent as commissions claimed by the city attorney on nine thousand, eight hundred and seventy-four dollars and twenty-five cents, fines collected by him, imposed for violation of ordinances.
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Appeal from Travis. Tried below before the Hon. A. S. Walker. This suit was brought to recover of the oity ten per cent as commissions claimed by the city attorney on nine thousand, eight hundred and seventy-four dollars and twenty-five cents, fines collected by him, imposed for violation of ordinances. Article one hundred and three, approved February 15, 1878, or so much of it as relates to the question before the court, reads as follows: “ The city attorney shall receive ten per cent upon all sums of money collected for the city, and for all civil cases brought for or against the city,…
1Opinion of the Court
Gaines, Associate Justice.
Appellee having served a term as city attorney of the city of Austin, brought this suit to recover of the appellant the sum of nine hundred and twenty-one dollars and forty-six cents, alleged to have accrued to him as part of his compensation during his term of office. The amount claimed is ten per cent of the money collected for the city as fines during the period mentioned.
There was a special exception filed to the petition, upon the ground that the ordinance of the city council under which appellee claimed, was not sufficiently pleaded. The court below overruled…
2Cases cited3 opinions
- Harker v. Mayor of New YorkNew York Supreme Court · 1837
- People ex rel. Houston v. Mayor of New YorkNew York Supreme Court · 1851
- City of Austin v. JohnsTexas Supreme Court · 1884
3Cited by37 opinions
- Brush Electric Light & Power Co. v. LefevreTexas Supreme Court · 1900
- City of Amarillo v. TutorTexas Commission of Appeals · 1924
- City of San Antonio v. BodemanCourt of Appeals of Texas · 1914
- Magnolia Petroleum Co. v. LongTexas Supreme Court · 1935
- Tipp v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1939
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