Untitled Texas Attorney General Opinion, O-6616

Untitled Texas Attorney General Opinion

O-6616

| Tex. Att'y Gen. | Jul 2, 1945

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*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

GROVER SELLERS ATTORNEY GENERAL

HONORBIS CHAS. A. TOBOH COUNTS ALGITORY REOORB IS ALGITORY DEALS

DEAR SIT!

OPINION No. 0-6616 RE: COMPONSATION OF THE BENETAL COUNTS JULIEN OF TEXAS

TOWN. GENE BALLER, ATTORNEY OF THE TEXAS RE: COMPONSATION OF THE BENETAL COUNTS JULIEN OF TEXAS

YH. GENE BALLER, ATTORNEY OF THE TEXAS RE: COMPONSATION OF THE BENETAL COUNTS JULIEN OF TEXAS

YH. GENE BALLER, ATTORNEY OF THE TEXAS RE: COMPONSATION OF THE BENETAL COUNTS JULIEN OF THE TEXAS

YH. GENE BALLER, ATTORNEY OF THE TEXAS RE: COMPONSATION OF THE TEXAS

YH. GENE BALLER, ATTORNEY OF THE TEXAS

monoroble Chas. A. Toach, Page 2

was overruled in the case of Markwell vs. Galveston Counts, 186 5, 2. (2) 273 (writ of error denied), I anall appreolato your Department now advising mo: "(1) Under the ofrounstances outlined in Mr. Bellay's letter, does his olain oonstitute a legal olain against the county which should now be paid? "(2) If payment is due, is Mr. Bellay entitled to compensation for the days he aotumly served in the Court, or should his compensation also be figured for the aunders during the period of service?"

Priot to the institution and dotermination of the oase of Markwell v. Galveston County, 186 5, 2, (2) 273, this Department rendered opialons 100. 3091 and 0-4990 regarding the oonpensation of apocial county judges. These opinions are oontrery to the opinion of the oourt in the Markwell oase, therefore, we hereby oxpresely overrule aold opinions 100. 0 -3091 and 0 - 4990 .

In anewer to your first question it is our opinion that oueh olain appears to be one that oould be paid under the authority of the Markwell case unless aold olain is berred by the atatute of ilaitation. Under the limited facts elven we cannot any whether or not a plea of ilatitation oould or should be pleaded or olained regarding the question under consideration.

Hoplying to your oecond question, it is hold in the Harkwell case, oupre, that sundays and holidays are imoluded in oomputing the oonpeisation of a special oounty judie.

Yours very truly

Andell whilom

Hdell william inolatait