Ex parte Price

Citations

• 11 Tex. Ct. App. 538

Syllabus

<p>County Convicts.—In 1877 the appellant was convicted, of misdemeanor and adjudged to pay a fine and costs amounting to about ’ fifty dollars. Failing to pay he was hired out as provided by law, and the hirer gave bond to the county judge for payment of two dollars per month for the services of appellant until the fine and costs should be paid thereby. This contract was never annulled, but, after the lapse of more than four years, the fine and costs being unpaid by the hirer and his bond found worthless, a capias pro fine was issued and the appellant taken and detained by virtue thereof.</p> <p>Thereupon he sued out habeas corpus to the County Court, and on the hearing thereof the hirer was allowed to testify, over objection by the appellant, that he hired appellant for only two months. The County Court remanded the appellant into custody until the fine and costs should be fully paid; and from this judgment he appeals. Held, that the trial court erred in admitting parol evidence contrary to the conditions of the bond, and erred in not discharging the appellant from custody. Whatever may be the liability of the hirer, and notwithstanding the worthlessness of his bond, the fine and costs are settled so far as the appellant is concerned, and he is no longer liable for their payment.</p>