Untitled Texas Attorney General Opinion ( 1942 )

THEATTORNEYGENERAI.
OF TEXAS
Honorable John L. Compton Opinion No. O-4532
Assistant County Attorney
Liberty County Re: County judge’s tri.al fees.
Liberty, Texas
Dear Sir:
Your request
for opinion has been received and carefully
considered by this department. We quote from your request as follows:
“The County Clerk of this County has requested that
this office obtain a ~ruling from you upon the following
question:
“Is the County Judge entitled to a trial fee ~of $3.00.
where a case has been settled by the ‘parties and dis-
posed of by an order of dismissal?
“I have~advised the County Clerk that it is my construc-
tion of Section 2 of Article 3926, of the’Revised Civil Statutes
of 1925. which reads as follows:
as., . . for each civil cause finally disposed of by him
by trial or otherwise $3.00 to be taxed against the
party cast in the suit . . .’
that under the facts stated the County Judge would be entitled
to the trial fee which should be tared as costs by the County
Clerk. It is my opinion that in view of the reading of the
Statute which says ‘by trial or otherwise’ that the word or
phrase ‘otherwisr is all inclusive and includes any case
finally disposed of whether by dismissal in any manner or
by a judgment of any kind.”
Article 3926, Vernon’s Annotated Texas Civil Statutes, reads in
part as follows:
” . . .
Honorable John L., Clompton, Page 2 (074532)
Y2. . . . For each civil cause finally disposed of
by htm by t&l or otbsrwise, three dollara, to be taxed
agakst the party cast in the suit; . , !*
Arttcle 2089,~ Yarnon’s Annokkd Texas Gtvil Sktuks, reado as
follows:
*The plaintiff may enter a dkc,ontinuance on the do&et
in vacation, in any suit wherein the defendant has not answered;
on the payment of all cask that have accrued thereon..”
Article 3926, V,,AlC$3., supra. allows a fee of $3.00 to the county
judge for each civil cause finally disposed of by him by trial or otherwise.
We thinh the county judge would be entitled to the fee when he f&ally disposed
of the case by his or&r of .dismissaL ,Ho,svever, we wish to point out, as held
in opinion No. O-l 144 of this department, a copy of which ts .enclose.d for your
information, that the ~county judge would not,‘be entitled tothe fee wh+e the
plaintiff in a civil case under the provkions of Article 2089,~VrA.C,SI., supra,
,dismissed the s.uit in vacation before an answer was filed and paid the costs.
Trusting that this satisfactorily answers your inquiry, we are
Very truly yours,
ATTORNEYCENERALOFTEXAS
By /s/ Wm. .J..Fannmg
Wm. J. Fanning
W SF :GO:ttw Assistant
ENCLOSURE
APPROVED APR 15, 1942
/s/ Grover Sellers
FIRST ASSISTANT
ATTORNEY GENERAL
APPROVED OPlNlON COMMITTEE
By /s/ BWB. Chairman