Texas Attorney General Opinion: O-4436 Page: 4 of 8
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Honorable oab Campbell, age 4
" nransoribing, comparing and verifying
record books of his office, payable out of the
county treasury upon warrant issued under the
order of the Coumissioners* Court, for each
100 words. .. .10."
The ease of Tarrant County vs. Rogers, 14;5 S.W.
592 (Sup. Ct. 135 L. 4. 110) held that the commissioners'
Court had no authority to pay the county clerk a certain
sum for work in indexing records, and hoene the county was
not bound by said agreement and could recover from the
clerk the amount paid him for doing the work in excess of
what it actually cost. eo quote from the oourt's opinion
in said ease as follows
"The court in its ain charge, with ref-
erenos to extra work done on the indexes, in-
structed the jury as follows 'You will charge
him meaningg Rogerarl)th threo-fourths of
$7,5 6. , the amount paid Fogers by Tarrant
County for reindoxiag eeeds, over fnd above the
ozpenses paid out by Rogers for that work.' The
extra work referred to by this charge meant the
work that was done b{ Rogers under the diretion
of the o missioners' court upon the indexes.
This work conalsted in placing on the margin
of the reports opposite the deeds so recorded
a brief description of the property conveyed
by the instrument, so that a person examining
the record eould tell by looking at this nota-
tion whether the instrument to which it referred
conveyed the property eor which he was aearehing.
Relative to this work, Rogers testified that he
was instructed to do it by the emaissioners'
court; that he had never seen an order direst-
ing him to do the work; that Butler, his prede-
oessor, had eammenoed the work that when he
went into the office the oommiesioners direet-
ed him to go on with it; that i finished it
up as direted by them, and paid out for clerical
aid in doing the work the nsu of $6,0283 that he
kept the difference between that amount and the
amount allowed him by the oaissioners' court
for the same, which amount so kept by him was
$,564.75, which he ~retained as his compensation
therefore that there was an understanding betweenI
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4436, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261685/m1/4/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.