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OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTY\1
HononxblO.Con8ud ?lor~noe
County Attormy UP8hur caunty
Ollwr, Texas
Dear Slrx Opinion MO. O-6737
The Cammis8lons~~ vho aaspose cOIUIty, TUco8, hV0 8iOdOM COUFt Of up8hur
been reqti-stkl by an attorney, vho 18 8uppoa0d to be the roepeotlvo defendants in each of th. Mpl-OOWting -808, t0 per him, the attorney, th0 mount 0r $72.50.
Said rttornOy h8 not filed l written request vlth the Coaml8slonerm Court for the plyRent of such 8~8 of money to Mm, nor tnve nny of the xw8peatlvo dOioXx¶Onts requested or filed l written request vlth the C-18- sioners Court of Upohur County, Texas, for a reiund Of their money.
Honorable Cmard Vance, page 2
"Is the Cwmmleelsnere Court of Upshur County, Texas, llable f8ri the $72.50. lndlvldually, or ln their of'flclal capacity, by reaeon of the acts of the Justice of the Peace In placing ln the'County Trersury of Up8hUr County, Texas, the said sum of $72.501 Or vould Upshur County be liable?"
Under the hCt8 Stated, ve do not perceive any theory, and none has been advanced, upon vhlch recovery may be had against either the County or the County Commleelonsre.
UJRti/JCP
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