Texas Attorney General Opinion: O-6719 Page: 3 of 5
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
. 518
ororable Max ?W. Boyer, page 4
to tax said mission as coats in the original suit.
From an order of tAc court granting said nation and
adjudging appellant liable for said omission, this
appeal is proeeouted.
*Article 2460 of the Revised Statutes of 1895
provides as followat 'sheriffs shall receive the
following fees: * * * Collecting a-ey on an execution
or order of sale, when the same is made by a sale, for
the first one hundred dollars or less, four per cent;
for the second one hundred dollars, three per cent;
for all sum over two hundred dollars, two per cent.
When the money is collected by the sheriff without a
:sale, one-half of the above rates shall be allowed
.him.' The oct .of 1897 (Sp. Laws 1897, c.5) changes
the amount of comi0ssions allowed sheriffs for col-
leoting money on an order of 'sle when a sale is
made, but makes no change in the former law as to
the oo.sissions allowed when the money is collected
without sale.
"We think it clear, under the provisions of the
statute before quoted, that appellee Thornton was not
entitled to a .coission upon the money paid to
appellant by Broooks. He was only allowed a commission
upon money collected by hisl. The statute fixes the fees
allowed the officer for services in the execution of the
writ prior to the sale, .and if the sale is not zmade and
the money due on the judgment is not collected by him,
- he is entitled to no cor4issaon."
Applying the rule of law there laid down, the officer
can be alX~lowed a co-ission only upon money actually collected
by him. The statute fixes the fees allowed the officer for
servioes-in the execution of a writ prior to the sale. The
fats submitted by you show that an execution haaid been placed
in the hands of the sheriff and that he had actually collected
the amount of the execution and court costs without making levy
upon any speoifio property. It is our opinion,therefore, that
ae is entitled to one-half of the commtisaions allowed by saidArticle 3933 under.the provision authorizing such coAmissions
een money is collected without a sale. said statute provides
a specific fee for levying an execution, but it does not require
that a levy saill be made on specific property under an execution
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6719, text, July 31, 1945; (https://texashistory.unt.edu/ark:/67531/metapth263996/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.