Spencer v. Galveston County

Citations

• 56 Tex. 384
• 1882 Tex. LEXIS 45

Syllabus

<p>1. Attorney.—The fact that a district attorney for the district composed of the counties of Galveston and Harris was recognized by the district court as having a right to prosecute a suit for Galveston county, cannot estop the county, in a subsequent suit brought by him to recover commissions claimed in the former suit, from denying his authority to represent it, there being no such issue between the parties to the former suit.</p> <p>2. District attorney.—Before the adoption of the Revised Statutes, while county attorneys were required to perform certain duties which might be performed by district attorneys, there was no law expressly requiring district attorneys to perform the duties imposed upon county attorneys.</p> <p>3. Statute construed.—Under the act of August 21, 1876, and the laws in force prior thereto, it was not the duty of a district attorney to institute suit upon a defaulting county treasurer’s bond.</p> <p>4. District attorney.—A district attorney who prosecutes a' civil suit for a county when not required so to do by law can recover no compensation for his services in the absence of a contract with the county.</p>