County of Caldwell v. Harbert

Citations

• 68 Tex. 321
• 4 S.W. 607
• 1887 Tex. LEXIS 689

Syllabus

<p>1. Mandamus—School Claims.—In a proceeding by mandamus against a county to compel the commissioners court to issue a warrant on the county treasurer, and to levy a special tax provided for in the act of 1883 (page 41), to pay off a school claim, a cause of action is stated by alleging that plaintiff is owner of the claim which is described; that it had been audited by the former board; that it was unpaid, and that the county commissioners court refused to pay or provide for its payment. The act of Apiil 2, 1883, contemplated that the audit made of a claim prior to that time should be considered sufficient evidence of its validity.</p> <p>2. Same—Pleading.—In a suit for such claims chargeable to different school districts, it is not requisite that the petition should state how much is due from each one and define them, that fact the county records should show, and the law prescribes how the money to pay the claims must be obtained.</p> <p>3. Limitation.—Limitation does not run against a school claim during the period of its recognition by the county as a valid claim, and not until after its disallowance. (Rev. 'Stats., art. 677.)</p> <p>4. Same.—The Legislature may require a county to pay a just debt, and thereby enable the creditor to enforce its collection, even after the lapse of such time as would otherwise bar it by limitation.</p> <p>6. School Claims.—The fact that a county treasurer, in settlement with one of the sureties on his general bond, has misappropriated school funds and paid them to him, can furnish no defense in a suit against the county to enforce payment of school claims audited, allowed and required to be paid by the act of 1883, even though such surety were one of the several plaintiffs in the suit.</p> <p>6. Trial by Jury.—Though a trial by jury be improperly denied, such denial will not require a reversal of the judgment if, upon the facts of the case, no other judgment could have been rendered.*</p> <p>7. Statute Construed.—The benefits of