9%~ A~TO~RNEY GENERAL
OF TEXAS
Gerald C. Mann
Hon. Robert D. Penn Opinion No. O-1144
County Attorney Re: Is the County Judge entitled to a
Reeves County three dollar fee in a civil case,
Pews, Texas where the plaintiff dismisses the suit
in vacation, before an answer is filed
Deer Sir: and pays the costs?
Your .request for an opinion upon the above stated ques-
tion has been received by this department.
We quote from your letter as follows:
“A question has arisen in this County regarding
the proper charge for a fee of office by the County
Jydge in a civil case under the following facts:
‘*A civil suit was filed in County Court but no
citation was issued and several days later upon set-
tlement of the suit the Plaintiff desired to pay the
costs and dismiss the suit in vacation by notation on
the docket, as no answer had been filed. The ques-
tion has arisen as to whether in such a case the
County Judge’s fee of 53.00 should be charged. Arti-
cle 3926, R.c.s., 1925, provides for a fee of $3.00
for the County Judge ‘for each civil case finally
disposed of by him by trial or otherwise’ but as the
case was dismissed in vacation and the County Judge
has had to enter no judgment of any kind, the Plain-
tiff questions his right to a fee.
“1 would appreciate your advice as to whether
or not in a situation such as this the Judge is en-
titled to a fee *I‘
Article 3926, Revised Civil Statutes of Texas, in
part, reads as follows:
“The county judge shall also receive the follow-
ing fees:
*1. ***
“2. *** For each civil cause finally disposed of
by him by trial or otherwise, three dollars, to be
Hon. Robert D. Penn, page 2 (O-1144)
taxed against the party cast in the suit;
***:a
Article 2089, Revised Civil Statutes of Texas, reads
as follows:
"The plaintiff may enter a discontinuance
on the docket in vacation, in any suit where%:
the defendant has not answered, on the payment
of all costs that have accrued thereon."
You are, therefore, respectfully advised that it is
the opinion ,of this department, under the facts stated in your
letter, the county judge would not be entitled to a three dol-
lar fee in a civil case dismissed by the plaintiff in vacation
before any answer was filed and where the plaintiff paid all
costs that had accrued thereon.
Trusting that this answers your inquiry, we are
Yours very truly
ATTORNEY
GENERAL
OF TEXAS
By /s/ Wm. J. Fanning
Wm. J. Fanning, Assistant
APPROVED JHL 22, 1939
/s/ W. F. Moore
FIRST ASSISTANTATTORNGY
GENBRAL
APPROVED:OPINION COMMITTEE
BY: T.P.R., CHAIRMAN
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