Evans v. State

Citations

• 36 Tex. 323

Syllabus

<p>To a suit on tlie official bond of an assessor and collector, instituted for bis failure to collect and account for taxes, it is no defense that the taxes were actually collected by bis deputy; and it is incompetent for bim to file a cross claim against bis deputy in tbat suit, and ask judgment for the same. He has bis right of action against bis deputy, but has no right to enforce it in an action brought against himself on his official bond; and the defendant is liable for interest from the time the taxes were payable, and not from the succeeding 1st of January, as upon an open account.</p>