Ripley v. Gifford
Supreme Court of Iowa
Appeal from Seott District Court. On the 29th day of October, A. D. 1860, the relator presented to the respondent, who is the clerk of the Scott District Court, his original petition and asked that the same should be filed and the cause treated as pending in said Court.
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Appeal from Seott District Court. On the 29th day of October, A. D. 1860, the relator presented to the respondent, who is the clerk of the Scott District Court, his original petition and asked that the same should be filed and the cause treated as pending in said Court. This the clerk refused to do without the pre-payment of $2,50, as required by section 2527 of the Code of 1851. Relator tendered to him ten cents, being, as he claimed, a reasonable fee or compensation for the service demanded, and insisted that the paper should be filed. The clerk still refusing, relator applied, by proper…
1Opinion of the CourtWright, J.
The determination of this case involves the question, whether since the taking effect of the Revision of 1860, we have now any law fixing the fees of the clerk of the District Court. And whatever confusion or hardship may result from the conclusion, we feel constrained to hold that we have not; and as-a consequence, that respondent had no right to demand the pre-payment of the docket fee, $2,50, as was his right and duty under the Code of ’51.'
Chapter 136 of Part Third of the Code of 1851, provided for the compensation of officers, including the clerk of the District Court. By section 2527 of…
2Cited by11 opinions
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