Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 45
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1875.] TINSLEY v. RUSK Co. 45
Opinion of the court.
nish a new bond, and additional or other securities, whenever
in the opinion of the police court it may be deemed
advisable, or that on the 1st day of January, or within ten
days thereafter, in each and every year, he shall execute a
like bond to the State and county, was intended to give the
State and county additional security or guaranties for the
performance of the official duties, and was not meant to
deprive the State and county of the security already existing
by reason of the liability of the sureties. The omission
of the police court to require the new bond cannot be held
to release the sureties and destroy the value of the bond,
when the same law expressly declared that the bond should
be deemed to cover the whole time from the date of its
execution to the end of the term for which he was elected
or appointed. To avoid any misapprehension on this subject,
it is in substance repeated by the declaration that it
shall be deemed to cover the whole term for which he was
elected, and until his successor is qualified. The law of
1848 is silent on the subject of the bond continuing or being
deemed to cover any time beyond the year of its execution.
There was no error in the overruling of defendant's
exceptions to the petition.
The second assignment of error is: "The court erred in
permitting C. B. Kilgore to testify as to any amount due
from McCammon to Rusk county, because the tax rolls
were the best evidence of the amounts assessed by said
McCamrmon, and because parol evidence cannot be substituted
for record, and because it is not shown that certified
copies of said rolls cannot be procured." The witness
Ii!gore was a member of the County Court, appointed by
the County Court, and requested by the county treasurer
to assist him in a settlement of McCammon's accounts, at
the close of his official term as assessor and collector. The
witness, Kilgore, stated that McCarnmon and his deputies
were present; that after the examination of the books,
rolls, and accounts, it appeared that McCammon was in
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/53/?rotate=90: accessed July 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .