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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
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