# County of Galveston v. Gorham

> Texas Supreme Court · July 1, 1878 · 49 Tex. 279

URL: https://www.frixlaw.com/law-library/cases/4893054

## Case

- **Full name:** The County of Galveston v. J. C. Gorham
- **Court:** Texas Supreme Court
- **Decided:** July 1, 1878
- **Citations:** 49 Tex. 279
- **Precedential status:** Published
- **Opinion:** Concurrence by Gould
- **Judges:** Gould, Roberts
- **Cited by:** 34 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/4893054

## How later opinions describe it (automated extraction)

- holding that it was “not unconscionable” for the county to retain funds paid to it when the payment was made voluntarily “because it was without objection paid under a mistake of law ... and there was no mistake of fact in paying it, and no deceit, fraud, or compulsion used in…

## Opinion text

Separate opinion of Associate Justice Gould.
I concur in the judgment rendered, and in the positions assumed in the opinion, except the construction that the proviso does not apply to merchants. In addition, also, to the positions taken in the opinion, I hold that though the proviso applied both to merchants and to those who sold by sample, the law is divisible,_ so that the proviso may, if necessary, be rejected, and the tax, without the exemption, remain in force.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4893054. Public record. Not legal advice.