County of Galveston v. Noble

Citations

• 56 Tex. 575
• 1882 Tex. LEXIS 67

Syllabus

<p>1 Demurrer to jurisdiction.—Where there is a demurrer to the jurisdiction of the court, and the record fails to show any action thereon, all parties before the court are taken to have submitted to its jurisdiction.</p> <p>2. Keeping prisoners—County must pay for — Forfeited bail bond.— Under the code the expense of keeping prisoners indicted within its limits devolves upon each county, notwithstanding any change of venue, and as a recompense for this the amount collected on a forfeited bail bond should be paid to such county.</p> <p>3. Attorney’s fees in injunction suit — Paid by county bringing suit.— The sheriff of a third county had collected under execution the amount of the forfeiture, and having been enjoined» at the suit of the county in which the case originated from paying over the money to the county from which the execution issued, became liable for attorney’s fees for preparing an answer requiring the two other counties to interplead. Held,</p> <p>(1) That the attorney’s fees be paid out of the funds in the sheriff’s hands. .</p>