Nolan County v. Yarbrough

Appellee sued appellant for the sum of $2,437.35, alleged to be due him from Nolan county for the safe-keeping of prisoners during the years of 1927 and 1928. He alleges his right to recover the amount sued for by virtue of article 1040 of the Code of Criminal Procedure, which provides that the sheriff “shall be allowed” : “1. Por the safekeep ■of each prisoner for each day the sum of fifteen cents, not to exceed the sum of two hundred dollars per month.”

Appellee attached to his petition a list of names of purported prisoners, the list showing when they were committed, when released, the…