County of Angelina v. O'Quinn

429 S.W.2d 211, 1968 Tex. App. LEXIS 2354
CourtCourt of Appeals of Texas
DecidedMay 23, 1968
DocketNo. 6960
StatusPublished
Cited by1 cases

This text of 429 S.W.2d 211 (County of Angelina v. O'Quinn) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
County of Angelina v. O'Quinn, 429 S.W.2d 211, 1968 Tex. App. LEXIS 2354 (Tex. Ct. App. 1968).

Opinion

PARKER, Justice.

This was a suit by appellants, Allen and Modisette, as well as the Commissioner’s Court of Angelina County, for writ of mandamus to compel Joe H. O’Quinn, the Treasurer of Angelina County, Texas, to sign and pay certain specified Angelina County payroll checks, one payable to Johnnie Allen and the other payable to James Modisette, in payment for work performed by them as road hands in and for Angelina County, Texas, during the month of July, 1967. The suit was founded on orders and judgments of the Commissioner’s Court of Angelina County, Texas. Trial was before the court without a jury. Judgment was rendered and entered denying the writ of mandamus.

The trial court made findings of fact and conclusions of law in accordance with the pleadings of the County Treasurer as follows:

Findings of Fact
I. That plaintiff Johnnie Allen was related to County Commissioner L. T. Parker in the second degree by affinity, and in the third degree by consanguinity.
2. That plaintiff James Modisette was related to County Commissioner L. T. Parker in the second degree by affinity.
3. That such employment of Johnnie Allen and James Modisette by Commissioner L. T. Parker, was illegal and contrary to the laws pertaining to Nepotism.
Conclusions of Lam
1. That the remedy of Mandamus is not available to compelí [sic] the performance of an illegal act.
2. That plaintiffs Johnnie Allen and James Modisette have a remedy at law that is adequate, hence resort could not be had to Mandamus.

Appellants contend this cause should be reversed and mandamus should issue because of error of the court in finding that Allen and Modisette had an adequate remedy at law, and because the orders of the Commissioner’s Court had the force and effect of a judgment and were not subject to collateral attack. Such appellants brought this mandamus suit on the basis of quantum meruit. Allen and Modisette, in their verified pleadings, each alleged that he had worked for Angelina County, Texas for four weeks during the month of July, 1967, that he had not been paid for his labors, that the plainest principles of justice require that Angelina County, Texas should not be permitted to receive and retain the benefits of his work and labors without paying the reasonable value thereof, that the amount of money heretofore agreed to be paid to him by the Commissioner’s Court represents reasonable value for such services, work and labor. The payroll account of each man was presented to the County Auditor of Angelina County to audit, who approved for payment such accounts and submitted the same to the Commissioner’s Court. Said Court approved the payment of the accounts to said employees, and the two payroll checks were duly prepared and presented to the Treasurer for his signature. Such payroll checks were numbered 7721 and 7723. It is undisputed that the Commissioners’ Court of Angelina County did cause to be issued the payroll checks made the subject matter of this law suit, which checks were issued, approved, and countersigned by the County Clerk of Angelina County, Texas, and were audited, approved, issued, and countersigned by the County Auditor of Angelina County, Texas. The County Treasurer, Joe H. O’Quinn, refused to countersign said checks. After a report was made to the Commissoners’ Court of Angelina County, Texas that the County Treasurer refused to countersign such checks, on August 1, [213]*2131967, such Commissioners’ Court of Angelina County, Texas rendered and entered the following judgment:

FINDINGS OF FACT, RESOLUTION AND ORDER
WHEREAS, the Commissioners Court of Angelina County, Texas, prior to the 17th day of July, 1967, did duly issue and cause to be issued, payroll check Number 7721, in the net amount of $186.29, and made payable to Johnnie Allen, for work and labor done and performed by him for the benefit and in behalf of Angelina County, Texas, and payroll check Number 7723, in the net amount of $169.99, and made payable to James Modisette, for work done and labor performed by him for the benefit of and in behalf of Angelina County, Texas.
That thereafter, report was made to the Commissioners Court of Angelina County, Texas, that the County Treasurer, Joe H. O’Quinn, refused to counter-sign said payroll checks; that thereafter, on the 17th day of July, 1967, the Commissioners Court of Angelina County, Texas, by a unanimous vote of its members passed a resolution ordering and directing the County Treasurer, Joe H. O’Quinn, to affix his signature to Angelina County payroll check Number 7721 and number 7723, all in accordance with the provisions of V.A.R.C.S. of Texas, as amended.
Whereas, after copy of said Resolution was furnished the County Treasurer, report was made to the Commissioners Court that he still refused to sign said payroll checks.
And Whereas, on the 19th day of July, 1967, the Commissioners Court of Angelina County, Texas, by a unanimous vote of its members, passed a second resolution requiring and directing the County Treasurer, Joe H. O’Quinn, to affix his signature on said payroll checks.
And Whereas, heretofore the Commissioners Court of Angelina County, Texas, did issue and cause to be issued payroll checks number 7845 in the net amount of $203.08, and made payable to Johnnie Allen, representing money due Johnnie Allen for services rendered and work done and labor performed by him for the benefit of and in behalf of Angelina County, Texas, during the last two weeks of July, 1967, and number 7847, in the net amount of $171.84 and made payable to James Modisette, representing money due James Modisette for services rendered, work done and labor performed by him for the benefit of and in behalf of Angelina County, Texas during the last two weeks of July, 1967.
That payroll check number 7721, 7723, 7845 and 7847 were all duly issued and caused to be issued by the Commissioners Court of Angelina County, Texas; that each of the checks were approved, issued and counter-signed by Paul Selman, the County Clerk of Angelina County, Texas; that each of the checks were and have been audited, approved, issued and counter-signed by Maurice Hicks, the County Auditor of Angelina County, Texas.
That report has been made to the Commissioners Court of Angelina County, Texas that Joe H. O’Quinn, the County Treasurer of Angelina County, Texas, has refused and refuses to counter-sign, or affix his signature to any and all of the payroll checks above referred to.
Therefore, be it resolved, that the Commissioners Court finds that the services rendered, the work done and the labor performed by James Modisette and Johnnie Allen, for the benefit of Angelina County, Texas was performed in a workmanlike manner and that Angelina County accepted the benefits of each of their efforts and that each of them, the said James Modisette, and Johnnie Allen, is entitled to collect, receive and recover from Angelina County, [214]*214Texas, the reasonable value of his services as the result of express work contracts with Angelina County, Texas and/or on the basis of a quantum meruit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 1971

Cite This Page — Counsel Stack

Bluebook (online)
429 S.W.2d 211, 1968 Tex. App. LEXIS 2354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/county-of-angelina-v-oquinn-texapp-1968.