Smith v. Wingate

Citations

• 61 Tex. 54
• 1884 Tex. LEXIS 45

Syllabus

<p>1. Official bond.— A bond executed by the county treasurer, conditioned as required by law, which is made payable to the individual occupying the position of county judge, but which fails to designate his official character, constitutes a substantial compliance with the statute requiring an official bond, if it appears to have been examined and approved in open court, certified to by the county judge, and was properly filed and indorsed by the county clerk.</p> <p>3. Parties — Statute construed.— A suit on such a bond, brought in the name of the obligee for the use of the county, is, in effect, a compliance with art. 1300, R. 8., which requires suits by a county to be brought in its corporate name, the county being the real plaintiff.</p> <p>3. Action —• Abatement.— It is not necessary, in a suit brought for the use of a county, that the petition should show on its face that the county had authorized it. Such an objection can be taken only by plea in abatement.</p>