Untitled Texas Attorney General Opinion ( 1945 )

830 OFFlCEOFTHEAlTORNEYGENERALOFTEXAS AUSTIN GROVER SULERS A,TORNL* GENERAL Honorable C. J. Wilde County Auditor m0 00 6 county Corpua Chrlstl, Texas Bar 53-r: Opirlon Ho. 016788 RI: Liability or Buaoo Your latter abort aPatkr hae been reads aa rolldast ot Wtrisl, thhrro In tha ngwapapcrr which ul’a not have brsn tor, reporter, and in eontemp$ of court. VI a nil1 knowlrdgo ot B had during the trial, a transoript 0r the tsnti- Court Stenographer, Said transcript ny prepared by the Court Stenographer the County for $111.00. Gould the y pay for this traneorlpt?W The essenoe or your qurotfon is whether or not tha oounty la legally liable for the payment of this tranaoript, Honorable C. J. Wlldo, Page 2 ror of ooume it is acadrmlo that unless the oouilty ia thur legally liable no payrPsnticould be approved, ordered or made. Article 2327 of the iievised Civil Statutes lnaotar es pertinent is 68 follovls: “Yih6tl 6ith6l’ party t0 a Civil Cese panding in th6 county Oourt or oounty court at law applies therefor, th6 judge thareor shell appoint a aonl- petent Ptenogr6ph6r, if on6 be present, to report the oral tsstimcny given in auoh case. Suoh stsnog- rapher shall take th6 oeth required of otfiaiel court raportar6, and shall rsoelve net lea3 than Five irollers ($j.Ot)Fpt~ day, to be taxed and ocl- lroted aa ooete. This statute IMCeWerily by negation at least pra- oludea liability of the oounty for under the facta statrd by you it appears the Commiaaloners~ Court di& not authorize the court stenographer to perform the servioea. It further appear3 that the litigation out of which the transaotlon aro3e WBB a private suit between individuals, in whloh the oounty wea not in th6 leeat iIiVOlV6d. It appears the contempt pro- oeeding involved alone th6 question as to whether aortain individuals were in contempt of the County Court. Nalther Of the30 prOCMtdiXkg8 h any Way inVolV66 ha6666 cbnaty. Nueoes bounty ia not authorized to pay the expense3 inold4nt to or growing out of euoh oontampt procerdinge. Neither the County Judge nor the Commissioners* Court waa authorized to bind Nueoea County or obligate it to pay the stenographer for the servicea he rendared or the work he did in bonneotion with the praoeeding. It la therefore our opinion that the olaim should be re&Cted. ~!e know of no statut6, decision or legal prinoiple that would make the county liable for this item. Yours ver:r .Lruly ATTORiGY WSIWtifcllL OF TEX4S