Wood County v. Leath
Court of Appeals of Texas
Appeal from District Court, Wood County; J. R. Warren, Judge. Suit by Mrs. Lillie Leath against Wood County. Judgment for plaintiff, and the defendant appeals. The suit was by appellee to reqover of appellant $2,525 which she claimed to be entitled to as commissions on moneys received and paid out by her as county treasurer. The trial was to the court without a jury.
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Appeal from District Court, Wood County; J. R. Warren, Judge. Suit by Mrs. Lillie Leath against Wood County. Judgment for plaintiff, and the defendant appeals. The suit was by appellee to reqover of appellant $2,525 which she claimed to be entitled to as commissions on moneys received and paid out by her as county treasurer. The trial was to the court without a jury. The appeal is from a judgment in appellee’s favor for $1,490.60. Having been elected county treasurer of Wood county, appellee qualified and entered upon her duties as such November 12, 1912; .and, having been re-elected in 1914,…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above).
The trial court thought the commissioner's’ court meant by the order of February 11, 1915, to provide compensation for the county treasurer, not to exceed $1,200 per annum, by a commission of 2⅛ per cent, on moneys received and paid out by him. The trial court also thought the other orders were susceptible of a like construction, except that by the terms of the one dated February 16, 1912, the commissions to be paid were not to exceed $1,500; but he nevertheless construed them as showing the intention of the commissioners’ court to be:
“To fix…
2Cases cited1 opinion
- Montgomery County v. TalleyCourt of Appeals of Texas · 1914
3Cited by7 opinions
- Greer v. Hunt CountyTexas Commission of Appeals · 1923
- Stephens v. Mills CountyCourt of Appeals of Texas · 1938
- Kaufman County v. GastonCourt of Appeals of Texas · 1925
- Shaw v. Smith CountyTexas Commission of Appeals · 1930
- Kaufman County v. GastonCourt of Appeals of Texas · 1923
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