Untitled Texas Attorney General Opinion

a . OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTY\1 HononxblO.Con8ud?lor~noe County Attormy UP8hur caunty Ollwr, Texas Dear Slrx Opinion MO. O-6737 The Cammis8lons~~vho aaspose 8iOdOM COUFt Of up8hur cOIUIty,TUco8, hV0 been reqti-stklby an attorney, vho 18 8uppoa0d to be Mpl-OOWting the roepeotlvo defendants in each of th. -808, t0 per him, the attorney, th0 mount 0r $72.50. Said rttornOy h8 not filed l written request vlth the Coaml8slonermCourt for the plyRent of such 8~8 of money to Mm, nor tnve nny of the xw8peatlvo dOioXx¶Onts requested or filed l written request vlth the C-18- sioners Court of Upohur County, Texas, for a reiund Of their money. Honorable Cmard Vance, page 2 "Is the Cwmmleelsnere Court of Upshur County, Texas, llable f8rithe $72.50. lndlvldually, or ln their of'flclalcapacity, by reaeon of the acts of the Justice of the Peace In placing ln the'County Trersury of Up8hUr County, Texas, the said sum of $72.501 Or vould Upshur County be liable?" Under the hCt8 Stated, ve do not perceive any theory, and none has been advanced, upon vhlch recovery may be had against either the County or the County Commleelonsre. UJRti/JCP .