Harmon v. Board of Commissioners

The appellant was the recorder of Madison county from November 19, 1894, to November 19, 1898. Failing to pay over certain fees collected by him and claimed by said county, this action was brought to recover the amount so collected and wrongfully detained. The appellant resisted the claim on the ground that the acts of 1891 and 1895 generally known as the fee and salary acts, were unconstitutional, and that he was entitled to said fees under the act of 1879. The facts constituting this defense were stated in a single paragraph of answer. A demurrer to the answer was sustained, and, the…