State v. Allen

Citations

• 32 Tex. 273

Syllabus

<p>1— An account rendered by tlio comptroller of public accounts against an assessor and collector of taxes, and placed in the hands of a district attorney for suit, is prima facie correct, and, when offered in evidence, no testimony to establish it is necessary. (Paschal’s Digest, Art. 8707.)</p> <p>2— A district attorney has certain duties and powers, which are prescribed by the Legislature. He is an agent or attorney of special and limited, and not of general powers.</p> <p>3— When the comptroller of public accounts has officially decided that an assessor and collector is in default to the State, and has furnished a district Attorney with an account of the indebtedness of the assessor and collector to the State, with directions to bring suit therefor, the district attorney has no power to compromise with the debtor, either before suit is brought, during its pendency, or after judgment.</p> <p>4.—All citizens are chargeable with notice of the acts of the Legislature, and, among them, of Art. 193, Paschal’s Digest, which invalidates any admission by a district attorney to the prejudice of the State.</p>