# Harkreader v. State

> Court of Criminal Appeals of Texas · November 27, 1895 · 35 Tex. Crim. 243

URL: https://www.frixlaw.com/law-library/cases/3946181

## Case

- **Full name:** B. S. Harkreader v. the State
- **Court:** Court of Criminal Appeals of Texas
- **Decided:** November 27, 1895
- **Citations:** 35 Tex. Crim. 243; 33 S.W. 117; 1895 Tex. Crim. App. LEXIS 263
- **Precedential status:** Published
- **Opinion:** Dissent by Davidsor
- **Judges:** Henderson, Davidsor, Johnson
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3946181

## Opinion text

DAVIDSOR, Judge,
(dissenting).—If a minor can hold the position of deputy to the County Clerk (and I am inclined to the opinion that he can), then he can perform all acts and discharge all duties pertaining to the office of County Clerk. Rev. Stat., Art. 1146. This authority is conferred by statute upon all deputies of such clerk, Avithout distinction as to age or other qualification, and is coextensive Avith the authority of the principal as such clerk. If perchance this authority is other than purely ministerial, it is no matter that the deputy is a minor. lie can discharge it in the same manner and to the same extent as can his principal. The statute confers no authority upon the principal that is withheld from his deputy. If the deputy cannot exercise authority other than ministerial, it is not by reason of his minority, but because of a want of authority in his principal. The question as to the extent of legislative power conferring authority upon County Clerks not purely ministerial, is not involved in this case. The judgment is affirmed.
Affirmed.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3946181. Public record. Not legal advice.