McConnell v. Wall

Citations

• 67 Tex. 323
• 3 S.W. 287
• 1887 Tex. LEXIS 876

Syllabus

<p>1. Action—County Treasurer.—It would seem that all actions brought by a county treasurer to recover debts due his county (Rev. Stat., 995) should be brought in the name of the county (Rev. Stat., 1200).</p> <p>2. Same.—If the county commissioners court, acting within the sphere of its authority, makes a contract through which money does not become due the county so soon as it ought, the county treasurer can not correct such mistake of the court by an action against the judge to whom the ' commissioners court has confided the duty of carrying out the contract, to compel the judge to pay over to the treasurer money not received, and-which, under the terms of the contract, the county was not then entitled to receive.</p>