# Scott v. Graham

> Texas Supreme Court · June 27, 1956 · 156 Tex. 97

URL: https://www.frixlaw.com/law-library/cases/9675093

## Case

- **Full name:** Roy A. Scott Et Al v. Marshall P. Graham, Et Al.
- **Court:** Texas Supreme Court
- **Decided:** June 27, 1956
- **Citations:** 156 Tex. 97; 292 S.W.2d 324; 1956 Tex. LEXIS 549
- **Precedential status:** Published
- **Opinion:** Dissent by Culver
- **Judges:** Walker, Culver
- **Cited by:** 70 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/9675093

## How later opinions describe it (automated extraction)

- holding that a direct equitable proceeding filed in the district court comes within the power granted by Tex. Const. art. V, § 8 and the predecessor of Section 24.020
- holding that a direct equitable proceeding filed in the district court comes within the power granted by Article V, § 8 and the predecessor of Section 24.020
- affirming trial court’s denial of injunctive relief where plaintiff failed to join necessary party

## Opinion text

Mr. Justice Culver
joined by Justice Griffin, dissenting.
I do not agree that Art. 3886, Vernon’s Ann. Civ. Stat., prohibits the Commissioners Court from paying an assistant district attorney appointed for and engaged on a temporary duty not to exceed thirty days, at a greater monthly rate than the statute permits for one regularly employed on a yearly basis.
The grand jury decided that an investigation of certain county affairs should be made by an attorney and at the request of the grand jury the District Attorney appointed an assistant with the approval of the Commissioners Court, the appointment being limited to a period of thirty days and for a compensation not to exceed $600.00. It is to be expected that the employment for a period of a month only would normally *105 be more than the monthly rate for employment on a yearly basis. In my opinion the Commissioners Court did not exceed its authority in making the order and should not be enjoined from paying the compensation where the services have been performed.
Opinion delivered June 27, 1956.
Rehearing overruled July 25, 1956.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9675093. Public record. Not legal advice.