M'Connell v. Wall

• Decision Date: 04 February 1887
• Citation: M'Connell v. Wall, 3 S.W. 287 (Tex. 1887)
• Parties: McCONNELL <I>v.</I> WALL.
• Court: Texas Supreme Court

3 S.W. 287

McCONNELL

v. WALL.

Supreme Court of Texas.

February 4, 1887.

Appeal from Houston county.

Nunn & Denny, for appellant. Maxcy & Maxcy and W. B. Wall, for appellee.

STAYTON, J.

This action was brought by the appellant, as county treasurer of Houston county, against W. B. Wall, county judge of that county, to recover money which he alleged belonged to the county, and was by the defendant unlawfully detained. It appears that Houston county found it necessary to issue and sell bonds to raise money to erect a court-house and jail in place of like buildings destroyed by fire. The county sold $20,000 of bonds for this purpose, but the bonds were not delivered at the time some of the parties contracted for them, and the money was not paid until the bonds were delivered, though they were made to bear interest before the date of the delivery. The proceeds of all the bonds, except some amounting to some $2,500 were paid to the appellant before the institution of this suit. Bonds for $5,000 were sold to the Houston county bank, under an agreement between the bank and the commissioners' court that they should be paid for as the money was needed in the erection of the court-house and jail. These bonds were sold at par, and one-half of their proceeds was paid to the appellant before this suit was instituted, but the residue was afterwards paid.

The county commissioners' court has control of the financial affairs of a county, and, if it makes contracts through which money does not become due to it so soon as it ought, the county treasurer cannot...