Brown v. Reese

Citations

• 67 Tex. 318
• 3 S.W. 292
• 1887 Tex. LEXIS 874

Syllabus

<p>Mandamus—School Voucher—Evidence.—An endorsement on the back of a school voucher was made by the county judge as follows: “August 18, 1883 “The court finds $291.31 ets. due on this claim” (signed) “James Brown, Co. Judge.” In a suit.by mandamus to compel the members of the county commissioners court to issue a warrant on the claim as one audited and allowed, held:</p> <p>(1) The proceedings of the commissioners court must be recorded by the clerk and signed by the judge presiding, and at the end of each term must be attested by the clerk.</p> <p>(2) The best evidence of the proceedings of a commissioners court is the record there kept.</p> <p>(3) The endorsement on the voucher was no evidence that it was allowed by the court, and mandamus to compel the issuance of a warrant in payment of the claim, will not lie in the absence of record evidence of its allowance.</p>