Foster v. Mallory

The opinion of the Court was delivered by

Mr. Acting Associate Justice E. H. Henderson.

The respondent, Dewey D. Foster, was formerly the Judge of Probate for Spartanburg County. Prior to the year 1922, the Probate Judges of that county received the fees and costs provided by law, and paid for clerical help and for certain other expenses for the operation of the office.

In 1922, the General Assembly passed an Act, the part of it relating to Spartanburg County now being Section 4770 of the Code, providing a salary for the Probate Judge of that county in lieu of fees of whatever nature or…