Shipp Ex Rel. Fayette County v. Rodes

Dissenting Opinion by

Judge McCandless.

I concur in the conclusions reached, but cannot adopt the reasoning of the majority opinion, and in view of the importance of the matter involved, feel that I should give my reasons for dissenting.

This is a suit by a taxpayer of Payette county to recover of the sheriff of that county and his bondsmen over $60,000.00, which it is alleged that officer collected and retained in commissions and fees in excess of constitutional limitations during the years 1914 to 1917 in- elusive. In five years of litigation and by the prosecution of two successful appeals to…