The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 3

The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 3

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...fund. The question arises, how shall this fund be apportioned between the two? In arriving at an equitable apportionment, it is very necessary to consider the question of cost, labor, and expense, and the services rendered by each in the performance of the duties connected with the office. The evidence in this case is very satisfactory and to the point, that the services rendered by the assessor are worth more than the services rendered by the collector, and that the sum of 3% per cent of the 5 per cent commission allowed by the ordinance is no more than a reasonable compensation to the assessor and a fair apportionment of the entire commission. Ve think the charge of the court presenting these views of the question to the jury was proper. It is further insisted, that the item claimed by appellee of $200 for services rendered in the sidewalk matter is illegal, because there was no compensation allowed or fixed therefor by the city. This may be true, but it is a question we do not undertake to decide, as we deem it unnecessary, because the jury in arriving at their verdict evidently did not consider it and include it in their estimate of the compensation that the appellee was entitled to; for the uncontradicted evidence in the record shows that appellee's services in making the assessment rolls was reasonably worth the sum of 31 per cent of the 5 per cent commission allowed by the ordinance, and that the amount of taxes actually collected on said rolls was the sum of 846,042. A mathematical calculation will show, that according to the undisputed evidence in the record the appellee was entitled to the sum of $1611.49-5161. 14 more than he was allowed by the verdict of the jury. This sidewalk item is separate and distinct altogether...show more

Product details

  • Paperback
  • 189 x 246 x 19mm | 649g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236957571
  • 9781236957573