Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1893-06-23
CIVIL COURT OF APPEALS.

No. 20T Baylor county. APPELLANTS. An
drew Taylor. appellee. Appeal from
HuVior t-1uufv

Baylor county.
CONCLUSIONS OF FACT.
This case was decided in the court be-
low upon the following agreement rs 10
the facts.
THAT at the general election held on
the brst Tuesday in November, ISIS,
Aendreg Taylor was duly aud legally
elected county treasurer Of Baylor cOun-
| ~, Tex, aud qualified and assumed the
| duties Of said office within the time re-
qnired by law thereafter, aud was the
duly aud legally elected. qualified and
acting county treasurer from said time
until the 14th day Of November, 1880
That prior 10 plaintiffs election us
| county treasurer Of Baylor county. Bay
Tor county had issued and by and through
It's county Judge and commissioners
| court sold courthouse bonds of said coun-
~ for cash 10 the amount Of $4,000:
that the proceeds of said bonds We're
| placed by the said county Judge and
commissioners court IN the Exchange
bank Of Wichita Falls, Texas, to be paid
out TO the contractor for Il courthouse
on the order of said Judge. That at the
time said money was placed In said bank
and mp TO the election of plaintf as
county treasurer, Baylor county had II
duly elected, qualified aud acting treas
urer, That while the said funds were
IN said bank and before the election Of
plaintiff to said office Of county treas
county immediately brought suit for said
money aud ON the 2lst day of January,
lsS9, during plaintiffs term as treasurer,
recovered and received of said money
from said bank l2,lW3AJ. and the same
was placed in a bank, payable 70 Tie
order Of county treasurer of Baylar
county.
That on divers days between Jan. n.
1889, and the first day of May 1889.
plainili by virtue Of orders OF tue COM
missloners paid out aud disburscd said
funds. That Mt the May term, 1859,
of the commissioners court of Baylor
county the plaintiff made his quarterly
report aud statement, showing the CON
ditiun of said fund and therein claimed
commission of IL per cent for re-
cciying and IL per cent for diShurs-
ing said money. That the commission
crs' court allowed him only Il commission
Of = L. per cent for dismrsiug said
fluid. which amount plaintiff then re-
cetvcd aud acccptcd and said court dis
approved and rejected his recount for
the balance claimed. That he has never
been paid but - per cent on Tor One
half OF that account Ihut prior TO the
'lth day Of September lSgn, to-wit; On
commissioners court Of Baylor county
made q contract with the G.. -, King
Bridge company 10 erect u bridge in said
county, &C the agreed price Of Sl39JO
payable in bridge bonds of said county.
THAT ON Sept. 1. 1870, said bridge
having brrn r6mnlntpI hv or,l,r nj tLp
commissioner rnnrt az snid pn,t,t,.
there was issued to snid bridge company.
bridge bonds Of said county To the
amount of Sl3,OjO. said bonds being Of
the face value of aud otherwise answer
ing the description given in plaintiffs
prtitiou. Thnt ON the date Of tln issu.
nncc Of said bonds they were duly regis.
tered bv The county Treasurer Of said
Baylor county. and Gy order of the com,
missinitrrs' r9,irt delivered IN snii Gr,,r,,,
H. King Bridge company. Ia whom thDy
were issued aud made ngynlr TLut an
the 19n day of November lSoO tbr
plniutinf prosputed his ucrnunt 10 v,id
commissioners court of BAYLOR comfy
pluintir,, a rn,uu,issi,,, ~ - I % , r" ~,
for rrreiyinr md IL Nor cont a. ,,,,
ing out and dishursiut Tho stm nf iii
$50. Ginning lin tlI" nts,yrn,,,tn SGoT N
for receiving and dfsbursinr snid Lri,i,,r
fund. Tint said account and rinin, vas
rejected by said county in toto md no
That Rnylor county Inns u.v,r o,t,"ii,.
received ms proceeds of snid bnn,Is o,S
currency or money. md Inns nuly ~
ccived IA sich urorrn,Is N lrijo,
THAT plnhtiif delivered to Mia brj1ce
company sniI bri,irr LnnIs In ,,t ,-u
bridge conlpony INV MONEY ,EEhhS,t ' S,a
cotnniis Ann n.s' ,ntrt AZ nSvl ~
bnd nor M r,,r i'm, nri,r a., Xix r"",'s
ntrut Of either of snIi claims Ak nv.
not nj ANY limo simrr. nude INV nv ILL.,,
liking thr rates of cnmmissjnn nr f,ns If
the comfy trcns,rrr If E,yt,. ,o,,,,,,.
Tint thny always nlloNei Eioin,iT '" w.
conf ON tho tNn claims hrrcu,l,,t,r, s,',
out . IL nor cent fnr rnnsi,.ir M . %
for dishnrsins ali money TINT nini,,tiC-
n, trrnsurcr of said R9vIor e"n,it,. ''', 49,
always ready and yvilihs ,n
receive nuj jisbursr Mi c,,rr
funds. That plaintiff did not ny.
ceiyc aud would not have received. had
both of the foregoing claims for cninn,is'
sions been fully paii. MS much ms S3660
in fees aud commissions for any wear
while he held said office of county treas