Texas & P. Ry. Co. v. Walker

• Decision Date: 14 June 1900
• Citation: 57 S.W. 568
• Parties: TEXAS & P. RY. CO. v. WALKER.
• Court: Texas Supreme Court

57 S.W. 568

TEXAS & P. RY. CO. v. WALKER.

Supreme Court of Texas.

June 14, 1900.

Certified question from court of civil appeals of Second supreme judicial district.

Action by William Terry Walker against the Texas & Pacific Railway Company to revive a judgment. On certified question from the court of civil appeals.

T. J. Freeman and Stanley, Spoonts & Thompson, for appellant. C. M. Brown and Greene & Stewart, for appellee.

WILLIAMS, J.

The following question, arising upon the facts stated, is certified by the court of civil appeals for the Second district:

"In October, 1885, appellee was a minor, and as such, in a suit by next friend, recovered a judgment against appellant in the district court of Tarrant county for $250, from which no appeal was prosecuted, and by virtue of which no execution ever issued. This suit was instituted to revive said judgment, it being alleged that it was unpaid. It was alleged and proven on the trial, as matter of defense, that, soon after the rendition of the judgment aforesaid, appellant paid to the then clerk of said court the full amount of the judgment, of which the attorney for appellee in fact received one-half, in accordance with the contract with him by said next friend; it being shown and admitted that said fee was a reasonable one. It was also shown and admitted that appellee was without a guardian at the date of said judgment and at the date of said payment. The trial court revived the judgment in the sum of $125, with interest thereon from the date of the judgment at the legal rate.

"But a single question is presented, all other facts being such as to support the judgment, to wit: Had said district clerk the authority, in his official capacity, to receive money in satisfaction of said judgment, as was done by him?"

The statutes of this state abound with provisions defining and regulating with much detail the duties and powers of district clerks, but among them we find no trace of any such duty as that of collecting or receiving money due upon judgments. If this officer has the authority to receive such money, it is because it is his legal duty to do so, and the duty would require him to receive money upon any and all judgments rendered in his court. Considering the immense amounts that are adjudged in some of the courts at each term, this duty, if it exists, would undoubtedly be one of the most important of all that are imposed; and we should expect to find some notice taken of its existence in our legislation, and some provisions regulating the discharge of it, and giving adequate security to those entitled to have it performed. In the case of the sheriff, whose duty it is to collect judgments under execution, a bond for not less than five nor more than thirty thousand dollars, as fixed by the commissioners' court, is exacted, and is expressly conditioned that the officer will pay over money collected under process. Rev. St. art. 4892. A summary remedy is given by motion to enforce the proper performance of this duty. Id. art. 2385. No such provisions are made with reference to the clerk. His bond is fixed...