283 

OFFICE OFTHEATTORNEYGENERALOFTEXAS 

AUSTIN 

Honorable Vi. B. Baker 

collnty AttoPney 

Coleman County 

Coleman, Texas 

Dear Sir: 

Your request r 

this mparfmint. we 

or this cotwp, 

le 2089 0r the 

ct *the plainthe docket 

rendant has 

t 0r all ooets that 

I desire to kaor whether 

after axing wait and 

PS, in vaotican, by endooket, in eabetance;-ikw 001088 

by Attoxne;la and %ismisa this ease 

ter paying all oosta or suit inned by plaintiwe Attorneys uiththe clerk a dollar for the aat or 

or aat 0r di~miseing, the saee 

08 aAd where the dsfendant has XL& answered. 

-Our Dlatrlot Clerk has oonatrued that Article to man that ahe is entitled, pador the 

above eircumstanaes, to oharge a dollar the same 

aa if the oaae had been dismissed in Court and. 

m&deed judgaant enterad j~as$ llka during 

. 
Sionorable w. B. Raker, Page 2 

"It I8 4 oontentlon that where It Is dlsmlassd, or dlsaontinued, In vacation, under the 

above taots, that the Clerk rould not be entitled 

to charge anything for the dIsmIesal.w 

16 'Per. JUri8., dismissal, dlsaontlnuancre and 

non-5ult, Sect105 8, pp. 242, 2c3, reads as r0il0~: 

*iI a. 15 Vaoatlon. 

"*The plaiatirr may enter a dieoontInua5oe 

on the doaket I5 vacation, I5 any auIt wherei 

the dere5da5t has not answered, OIL the payment 

Or all oOutB that hare aoorued thereo5.* 

9hIe stat&e, whioh has be05 in Orrmt 

with little 50dirioation ai50e rery early tIma, 

give6 to the flaintirr, apon payment 0r 008t6, 

an unqualltied right, If the defendant haa not 

answered, to dlumlss the auft, dthoat a4 aution or the judge. Ho ordek or uoart Is aeuea- 

==Y* when aamuwer has been tiled the uuit 

may not be dIsaIssed In taoatlon, ~YM by entry 

on the dooket aI46 paylrmnt 0r coats. 

*Aa we hare seen in a5 earlier artlale, 

the entry of a displiseal by an attorney Is presumd to ba authorized. The fOllo\ring entry 

ha8 thererore been held t0 be mrriaient ah 

th0ugh the statute atatea that the *pm5tirr 

ma)- enter a discontlnaanae on the docket*z 

**05the ~_ day or ~~ ~~~~~ , in vacation, 

the defendantsI5, the plaI5tIm * noFEi?ia ,g answered hersI- enter thie their dIseontlnuancrs and dlamls~ Tor thiii Bait; all metrr 

that have aoorued having been paid by plaintilirr. 

Attye. ror Plaintirrs*~ 

Article 3927, Revised Cirll Statutes Or Teza8, 

lists the fee8 to uhlch district Olerks are eptItled.i.0 

Peoeirs In cirI1 wits. 'There Is 50 rse listed I.5 thle 

Artlole ror a disniseal, or dlsaO5tfnuanco u5deF AZ%iQle 

2CSQ; rq are mable to find a4uheme a4 author%7 whlah 
i’ 

Honorable w. B. Baker, page S 

would authorize the dietrict clerk to charge a fee under 

Article 2089. We find in Artiale 5927 that the clerk ia 

entitled to one Dollar ror e&oh rinal judgment. 

*A judgment Is the tin&l consideration 

and termination of a aoart of oompstent jurfsdIotIon upon the matters submitted to It in an 

a&ion or proceeding.* Fort worth Acid Words 

Y. City of Fort Worth, 248 S. W. 822, 824, 

Words k Phrases, 3 Ed., Vol. 4, p. 607.' 

"f3ensPally -- the ocmrte oonstrue etrlotly statutes presorlbing fees, and reject Implications as to the fixing at tees and the 

orricers who are to reaeIVe them. . .I U Tex. 

Jnrle., Clerks or Court, Mee on Compenea8105, 

Section 2C, p. 250. 

It is the opinion or thi.6 Department that the. 

aotlon of plaintiff In entering a diecontlnaance oa the 

docket In YaOatiOn la a suit where15 the defendant had 

not answered aad the peyIng of all costs that had accrued thereon, lrould not be a jthgraent. 

You are, thererorr, respectfully advised that 

It Is the opInIon ai thle Department that under the facts 

stated In your letter, where.the plalntlfi enters a dIscontinuance on the docket la Vacation, In a suit wherein 

the defendant has not answered, and vhere the plalaintirt 

had paid all costs that have acorued thereon, that the 

district olerk would not be entitled to charge a tee or 

One Dollar for a rlnal judgment, end that .the clerk would 

not be entitled to charge anything for the dIsmIssal. 

Trueting that this sat:sfaatorllV answers your 

Inquiry, we are 

APPROVEDAUG 18, 1939 

.ATTORWEY GEtWiAL Cb TEXAS 

COMMI-ITEE