State ex rel. McCay v. Krost

— -The appellee was elected recorder of Lake county in the year 1892, and thereafter the appellant’s relator demanded the recording of a mortgage and tendered as the fee therefor the sum of one dollar. Upon the refusal of the appellee to record said mortgage for less than one dollar and twenty-five cents, the appellant’s relator sought and was denied the writ of mandamus to enforce his said demand.

No question is made as to the form of the petition, but the appellee insists that while the act of March 9, 1891 (Acts 1891, p. 424), provides that the fee for the service demanded is one dollar,…