Wilson v. Wichita County

Citations

• 67 Tex. 647
• 4 S.W. 67
• 1887 Tex. LEXIS 939

Syllabus

<p>1. Public Officer.—A public officer, who as such is the custodian of public money, is bond to account for and pay it over as required by law, or his sureties must pay it for him. To such an one the rules which fix the liability of a bailee for hire have no application.</p> <p>2. Pleading.—It is not necessary that the statement of a county treasurer’s account should be passed on by the commissioners court before the institution of suit against him for failing to pay over public money to his successor in office. If entitled to credits against the debit with which he is charged, he may plead and show them.</p> <p>3. Same.—In a suit against a county treasurer for failing to pay over money to his successor in office, an allegation in the petition that the defendant failed to pay over to his successor in office the money sued for, is in effect, by reasonable intendment, an allegation that the successor had qualified to receive it, and is good on general demurrer.</p> <p>4. County Treasurer’s Bond.—A refusal of a former county treasurer to deliver to his successor in office the money in his possession belonging to the school fund, when requested so to do by the proper authorities, is a breach of that portion of his official bond which binds him to safely keep and faithfully disburse the school fund according to law.</p>