Texas Constitution:Article III, Section 20: Difference between revisions

Texas Constitution:Article III, Section 20 (view source)

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-* ''Orndorff v. State ex rel. McGill'', 108 S.W.2d 206, [   ] (Tex.Civ.App.–El Paso 1937, ref'd) (" ... ")
+* ''Orndorff v. State ex rel. McGill'', 108 S.W.2d 206, [   ] (Tex.Civ.App.–El Paso 1937, ref'd) ("In any event, we think that neither a discharge in bankruptcy, were it intended to affect such a claim, nor the barring of the judgment through the operation of the statutes of limitations, would satisfy the requirement of section 20 of article 3 of the Constitution. That provision disqualifies the candidate until he 'shall have obtained a discharge' of 'all public moneys with which he may have been entrusted.' Bankruptcy laws and statutes of limitation abrogate remedies. The debt is not destroyed. The debt remains a moral obligation, though the law prevents enforcement through court action. This moral obligation is sufficient consideration for a binding promise to pay in the future. Livesay v. First National Bank (Tex.Com.App.) 57 S.W.(2d) 86, 91 A.L.R. 873; Goldfrank, Frank & Co. v. Young, 64 Tex. 432. These statutes do not mitigate the effect of the prohibition of the State against the holding of office by one in default. This denial of privilege is outside the province of congressional action and prohibitive of contrary State legislative action.")
 |seo_title=Article III, Section 20 of the Texas Constitution ("Eligibility of Persons Entrusted with Public Money")