Ming v. Truett
Montana Supreme Court
Appeal from the Third District, Lewis and Clarice County. Ming commenced this action against Truett, probate judge of Lewis and Clarke county, to recover $396, being treble the amount of fees that were alleged to have been illegally charged and received by said Truett, as such judge, in October, 1869. Tlie case was tried by Symes, J., who rendered a judgment for Ming.
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Appeal from the Third District, Lewis and Clarice County. Ming commenced this action against Truett, probate judge of Lewis and Clarke county, to recover $396, being treble the amount of fees that were alleged to have been illegally charged and received by said Truett, as such judge, in October, 1869. Tlie case was tried by Symes, J., who rendered a judgment for Ming. This action was brought under the following statute, approved January 14, 1869: “If any judge * * or other officer * * * of this Territory, ministerial or judicial, shall receive or take any fee or reward, to do or execute his…
1Opinion of the CourtKnowles, J.
The complaint in this action shows that the respondent paid appellant $4 per lot for thirty 4hree town lots, which he had made application to enter in the town plat of Helena, the same being appellant’s fees, which the law allows for hearing proofs and executing deeds therefor, in accordance with the town site act of this Territory. That afterward appellant demanded of him $4 more per lot on said number of lots, as such fees, which respondent paid under protest.
Appellant’s answer puts in issue these allegations in part, and avers that the first $4 per lot which he received of respondent were…
2Cases cited6 opinions
- Fleming v. HollenbackNew York Supreme Court · 1849
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- Winchell v. LathamNew York Supreme Court · 1827
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3Cited by12 opinions
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