From Casetext: Smarter Legal Research

Nacogdoches Independent School Dist. v. Mckinney

Supreme Court of Texas
Jul 17, 1974
513 S.W.2d 5 (Tex. 1974)

Summary

winning taxpayer in action by school district to recover taxes was required to pay only those costs incurred by him

Summary of this case from Bailey v. Cherokee County Appraisal Dist

Opinion

No. B — 3826.

July 17, 1974.

Appeal from the Second District Court, Nacogdoches County, Penn Jackson, J.

Benchoff Guidry, William D. Guidry and Edmund F. Benchoff, Nacogdoches, for petitioner.

Pye Dobbs, J. Robert Dobbs, Jr., Tyler, Barrow, Bland Rehmet Lee, David Bland, Houston, for respondent.


This suit is by the Nacogdoches Independent School District against R. W. McKinney to recover taxes. This Court reversed the Court of Civil Appeals judgment that had affirmed in part the trial court's judgment against R. W. McKinney. 504 S.W.2d 832. Our judgment improperly adjudged the costs in this Court and the Court of Civil Appeals against the School District.

The School District is exempt from payment of any court costs in a suit to recover taxes. Its motion to readjudicate costs is well taken. Electra Independent School District v. W. T. Waggoner Estate, 140 Tex. 483, 168 S.W.2d 645 (1943); City of Waco v. O. O. Owens, 442 S.W.2d 324 (Tex. 1969). Also see this Court's order in Whelan v. State, 155 Tex. 14, 282 S.W.2d 378 (1955). As to the winning taxpayer, there has been inconsistency in the above cases as to what portion of the costs should be taxed. We follow Electra, supra, which required the winning taxpayer to pay only those costs incurred by him. This follows more nearly the spirit of Rule 127, Texas Rules of Civil Procedure, which provides as follows:

"Each party to a suit shall be liable for all costs incurred by him. If the costs cannot be collected from the party against whom they have been adjudged, execution may issue against any party in such suit for the amount of costs incurred by such party, but no more."

Since this Court still has jurisdiction of the cause, it may, and does now, correct its judgment as to court costs as follows:

All court costs incurred by the defendant, R. W. McKinney, in this Court are adjudged against him and no costs are adjudged against Nacogdoches Independent School District.

All costs in the lower courts shall remain adjudged against said defendant as provided by the judgment of the Court of Civil Appeals, the defendant not having appealed from that portion of the judgment. Reaugh v. McCollum Exploration Co., 140 Tex. 322, 167 S.W.2d 727 (1943).


Summaries of

Nacogdoches Independent School Dist. v. Mckinney

Supreme Court of Texas
Jul 17, 1974
513 S.W.2d 5 (Tex. 1974)

winning taxpayer in action by school district to recover taxes was required to pay only those costs incurred by him

Summary of this case from Bailey v. Cherokee County Appraisal Dist

In Nacogdoches Independent School Dist. v. McKinney, 513 S.W.2d 5 (Tex.Sup. 1974), our Supreme Court noted that prior opinions had been inconsistent in the manner in which costs should be taxed as to the winning taxpayer.

Summary of this case from City of Corpus Christi v. Davis
Case details for

Nacogdoches Independent School Dist. v. Mckinney

Case Details

Full title:NACOGDOCHES INDEPENDENT SCHOOL DISTRICT v. R. W. McKINNEY

Court:Supreme Court of Texas

Date published: Jul 17, 1974

Citations

513 S.W.2d 5 (Tex. 1974)

Citing Cases

Davis v. City of Austin

Our Texas courts, while acknowledging the principle expressed by the mobilia rule, have created exceptions to…

City of Corpus Christi v. Davis

The City of Corpus Christi, Corpus Christi Independent School District, and Corpus Christi Junior College…