Stanley v. Rasnick

Sims, J.,

after making the foregoing statement, delivered the following opinion of the court:

There are only two questions which are involved in the ease and which are presented for decision by the *419assignments of error, and they will be disposed of in their order as stated below.

1. Had the plaintiff the right to sue for the forfeiture imposed by section 5094 of the Code, under which the forfeiture mentioned in the second count of the declaration is sought to be recovered?

The question must be answered in the negative.

Section 5094, chapter 204, of the Code, is as follows:

“If any clerk of a court…