de la Garza v. Bexar County

Citations

• 31 Tex. 484

Syllabus

<p>The 1st and 2d sections to incorporate the several counties of the state, passed 11th May, 1846, read as follows: “ Each-county which now exists, or which may be hereafter established, in this state shall be a body corporate and politic. All suits brought by or against any of the counties of this state shall be brought in the name of or against the county of, [naming the county,] and by that name they may sue and be sued, plead and be impleaded, defend and be defended, in any court of record or other place where justice may be administered: Provided, however, That no county shall be sued unless the claim upon which such suit is founded shall have first been presented to the county court for allowance, and such court shall have neglected or refused to audit and allow the same.” (Paschal’s Dig., Arts. 1044,1045, Note 430.) Under this law the chief justice has no right to bring a suit in his own name for the use of the county.</p> <p>See the facts as to the form, which was held to be a suit in the name of the chief justice, and not in the name of the county.</p>