Boggs v. State

Citations

• 46 Tex. 10

Syllabus

<p>1. Practice—Evidence—Principal and surety.—In a suit by the State against an officer on bis official bond, the cause of action survives against the securities on the death of their principal, and upon the suggestion of the principal’s death the cause may proceed against the securities without alleging or proving the insolvency of . the principal.</p> <p>2. Public' officer—Tax collector's responsibility.—A tax collector does not occupy toward the State the relation of a mere bailee for hire, who is responsible only for such care of the public money as a prudent man would take of his own; he is bound to account for and pay over the public money that he collects, less his commission, or his securities must pay it-for him.</p> <p>3. Auditor’s report—Evidence—Trial by jury.—A party has a right to specially object to any item allowed by, or disallowed, or to any conclusion arrived at, by an auditor, as exhibited in his report, and have the verdict of a jury thereon in response to evidence adduced on the trial of the case. In the absence of such objections it is not error for the court to charge, that the report of the auditor is conclusi^, nor does such practice contravene the right of the party to a trial by jury.</p>