State v. Steele

Citations

• 57 Tex. 200
• 1882 Tex. LEXIS 122

Syllabus

<p>1. Appropriation—Satary.—The appropriation of a less sum than is fixed^by general law as the salary of an officer does not operate as a repeal or amendment of the act fixing the salary.</p> <p>2. Salary op adjutant-general.— The act fixing the salary of the adjutant-general at §3,000 per annum remained in force until reduced by the Revised Statutes, art. 4667, notwithstanding appropriations for a less sum made by the legislature.</p> <p>3. Service of citation—Suit against the state.—In a suit against the state, brought under an act of the legislature allowing such suit, but not prescribing the mode of service of citation, service upon the governor or attorney-general is properly made.</p> <p>4. Estoppel.—The acceptance of an amount less than the salary under an appropriation of such less sum, does not estop the officer from claiming the full amount of the salary, in a suit allowed by legislative act, to ascertain what, if any, may be owing such officer.</p>