830
OFFlCEOFTHEAlTORNEYGENERALOFTEXAS
AUSTIN
GROVER SULERS
A,TORNL* GENERAL
Honorable C. J. Wilde
County Auditor
m0 00 6 county
Corpua Chrlstl, Texas
Bar 53-r: Opirlon Ho. 016788
RI: Liability or Buaoo
Your latter
abort aPatkr hae been
reads aa rolldast
ot Wtrisl, thhrro
In tha ngwapapcrr which
ul’a not have brsn
tor, reporter, and
in eontemp$ of court.
VI a nil1 knowlrdgo ot
B had during the trial,
a transoript 0r the tsnti-
Court Stenographer, Said transcript
ny prepared by the Court Stenographer
the County for $111.00. Gould the
y pay for this traneorlpt?W
The essenoe or your qurotfon is whether or not tha
oounty la legally liable for the payment of this tranaoript,
Honorable C. J. Wlldo, Page 2
ror of ooume it is acadrmlo that unless the oouilty ia thur
legally liable no payrPsnticould be approved, ordered or made.
Article 2327 of the iievised Civil Statutes lnaotar
es pertinent is 68 follovls:
“Yih6tl 6ith6l’ party t0 a Civil Cese panding in
th6 county Oourt or oounty court at law applies
therefor, th6 judge thareor shell appoint a aonl-
petent Ptenogr6ph6r, if on6 be present, to report
the oral tsstimcny given in auoh case. Suoh stsnog-
rapher shall take th6 oeth required of otfiaiel
court raportar6, and shall rsoelve net lea3 than
Five irollers ($j.Ot)Fpt~ day, to be taxed and ocl-
lroted aa ooete.
This statute IMCeWerily by negation at least pra-
oludea liability of the oounty for under the facta statrd by
you it appears the Commiaaloners~ Court di& not authorize
the court stenographer to perform the servioea. It further
appear3 that the litigation out of which the transaotlon aro3e
WBB a private suit between individuals, in whloh the oounty
wea not in th6 leeat iIiVOlV6d. It appears the contempt pro-
oeeding involved alone th6 question as to whether aortain
individuals were in contempt of the County Court. Nalther
Of the30 prOCMtdiXkg8 h any Way inVolV66 ha6666 cbnaty.
Nueoes bounty ia not authorized to pay the expense3 inold4nt
to or growing out of euoh oontampt procerdinge. Neither the
County Judge nor the Commissioners* Court waa authorized to
bind Nueoea County or obligate it to pay the stenographer for
the servicea he rendared or the work he did in bonneotion
with the praoeeding. It la therefore our opinion that the
olaim should be re&Cted.
~!e know of no statut6, decision or legal prinoiple
that would make the county liable for this item.
Yours ver:r .Lruly
ATTORiGY WSIWtifcllL
OF TEX4S