Hohman v. County of Comal

Citations

• 34 Tex. 36

Syllabus

<p>1. By Article 1045, Paschal’s Digest, it is provided that no suit can be maintained against a county “ 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 or allow the same.” The presentation to the county court, thus required, is a condition precedent and indispensable to the right to sue the county; and the petition will be demurrable unless it avers such presentation and disallowance.</p> <p>3. In no other mode than by draft is a district judge authorized to direct the payment of money out of the county treasury. (Paschal’s Digest, article 3399.) An account of a sheriff for services and expenses at a term of the district court, although allowed and approved by the district judge, is no such certificate or warrant as would authorize the county treasurer to pay money out of the county treasury; and on the refusal of the county treasurer to pay such an account no right of action against the county would accrue.</p> <p>3. A sheriff’s account for expenses, etc., cannot be verified by his official certificate as sheriff, nor can he swear to it in his official capacity. It is an individual matter, and must be verified by Ms oath as an individual. ' (Paschal’s Digest, articles 3391, 3393.)</p>