Texas Attorney General Opinion: V-70 Page: 3 of 3
The following text was automatically extracted from the image on this page using optical character recognition software:
Hon. John C. Marburger, Page 3, V-70
In the case of Torno vs. Hochstetler, 221 S.W. 623, Justice
Cobbs had this to say:
"If the officer who levied the execution in this case,
the said Gentry, while being the legal and duly
qualified constable, was subsequently appointed town
marshal of the legally incorporated town of Sinton, had
duly qualified and acted as such, he ceased to be and
vacated his office of constable and became the town mar-
shal, an office wholly incompatible with that of
constable, and would have no power to execute writs of
execution such as was done in this case. See article 16,
40 of the Constitution by Harris, and cases cited;
State v. Brinkerhoff, 66 Tex. 45, 17 S.W. 109; Alsup v.
Jordan, 69 Tex. 303 6 S.W. 831, 5 Am St. Rep. 53,"
In view of the foregoing provisions of the Constitution, the
statutes and the Court decisions of this State, it is the
opinion of this Department that the duly qualified and acting
city marshal of an incorporated town, who receives compensation
from said city for said office, may not also be appointed and
serve as deputy sheriff of the same county in which said city
is located and receive compensation from the county for such
services as deputy sheriff.
A person may not legally serve as city marshal of an
incorporated town and deputy sheriff of the county at
the same time, receiving compensation therefor. Art. 16,
Sec. 40 of State Constitution; Tomrn vs. Hochstetler,
221 S.W. 723; Irvin vs. State, 177 S.W. 2d 970; 34 Tex.
Very truly yours
APPROVED ATTORNEY G-ENERAL OF TEXAS
s/ Price Daniel s/ Bruce Allen
ATTORNEY GENERAL By
BA:djm;jrb/cge Bruce Allen
Approved Opn.Committee, Assistant
By BWB, Chairman
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: V-70, text, March 6, 1947; (texashistory.unt.edu/ark:/67531/metapth264889/m1/3/: accessed September 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.