Honorable H. A. Hodges 

County Auditor 

Williamson County 

Georgetown, Texas 

Dear Sir: 

Opinion No. O-4739 

Re: Interest on judgment in eminent domain case under facts stated. 

,Your request for opinion has been received and carefully considered by this department.. We quote from your request as follows: 

“I shall ,appreciate an opinion from your department 

relative to the’ date to which interest is to be paid by the 

County(Pla&tiff) when a judgment is rendered against it, 

that is whether or not it is to the date the money is placed 

in trust to the County Clerk, or to the date of acceptance by 

the Defendant. 

“This County entered condemnation proceedings for 

land for a right-of-way for a State Highway, the Special Commissioners made the award which the defendant refused to accept and entered suit for more money, however the jury awarded 

less money than was awarded by the Special Commissioners, 

the Defendant refused to accept and the funds were placed by 

the County with the County Clerk, then the Defendant appealed 

to the Court of Civil Appeals, the judgment was affirmed by the 

Appeals Court and the Defendant now requests payment of the 

award by the jury plus 6% interest from Sept, 25th, 1940 to date. 

The judgment in the County Court being, as follows -, ’ 

(names) do have and recover of and from the said State of Texas 

and county of Williamson the sum of EIGHT HUNDRED NINETY 

EIGHT AND 50/100 ($898.50) DOLLARS with interest thereon 

from this date until paid at the rate of six per cent per ann.um.’ 

“It is my opinion that the County is obligated to pay interest 

only to the date the Tender was made (Being the date deposited 

with the County Clerk), and not during the time the case was before the Appeals Court. The County complied with the law and 

fulfilled its obligation when the deposit with the County Clerk was 

made. The matter of delay was occasioned by the Defendant ap- 
Honorable H. A. Hodges, Page 2 (O-4739) 

pealing the award and it appears to me that he is not entitled to interest during the term of the appeal especially 

as he refused to accept the payment from the County at 

the time stated. 

“Now this question-, In such a case as above stated 

is the County obligated to pay interest on a judgment rendered 

against it to the date of acceptance by the Defendant, or just 

for the time from the award until the money was Tendered 

and refused and then placed in trust with the County Clerk? 

“I shall appreciate your opinion at your very earliest 

convenience.” 

You state in your letter that the judgment of the county court adjudging interest from date of judgment until paid was affirmed by the Court 

of Civil Appeals. We assume from your letter that the case did not go to the 

Supreme Court and that the judgment of the Court of Civil Appeals finally 

disposes of the case. If this be true the judgment must be paid according to 

its terms regardless of whether it was originally erroneous. 

Yours very truly 

ATTORNEYGENERALOF TEXAS 

BY /s/ Wm. .T. Fanning 

Wm. J. Fanning 

APPROVED AUG. 5, 1942 Assistant 

/s/ Gerald C. Mann 

ATTORNEY GE,NERAL OF TEXAS 

WJF:GO:da APPROVED OPINION 

COMMITTEE BY BWB, CHAIRMAN