Hubbard v. Texas County
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. The county clerk under Revised Statutes, 1879, section 5600, is entitled to fees “for filing every paper not hereinbefore, specified five cents.” Under this provision the appellant was entitled to recover.
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Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. The county clerk under Revised Statutes, 1879, section 5600, is entitled to fees “for filing every paper not hereinbefore, specified five cents.” Under this provision the appellant was entitled to recover. This section has been the law since 1865. Revised Statutes, 1879, section 6862, provides that the county clerk shall be allowed certain fees for certain specified work, but does not make the fees therein mentioned exclusive. It was not the ini ention of the legislature in passing the revenue law of 1877 to repeal the general law of…
1Opinion of the CourtBrace, J.
The plaintiff presented to the county court for allowance the following demand :
“Houston, Mo., February 14, 1887.
“Texas county in account with S. M. Hubbard, county clerk, Dr., 1887, February 4 and 5. To filing 3,319 assessment lists at $0.05 each, $165.95.”
The county court refused to allow the demand and the plaintiff appealed to the circuit court. On the trial in the circuit court, the court declared the law to be, “ that the plaintiff is not entitled to any fee for filing and preserving the assessment lists delivered to him by the assessor,” and rendered judgment for the defendant from…
2Cases cited1 opinion
- Harris v. BuffingtonSupreme Court of Missouri · 1859
3Cited by3 opinions
- King v. Maries CountySupreme Court of Missouri · 1923
- Butler v. Sullivan CountySupreme Court of Missouri · 1891
- Drainage District No. 1 v. DaudtMissouri Court of Appeals · 1898