Inhabitants of the County of Hampden v. Morris
Massachusetts Supreme Judicial Court
Contract by the inhabitants of the county of Hampden against the clerk of the Superior Court for that county to recover one half of the amount of the fees received by him in naturalization cases and retained by him under the provisions of the act of Congress of June 29, 1906, (34 U. S. Sts. at Large, c. 3592,) after deducting the amount of the expenses incurred by him in such proceedings in accordance with B,. L. c. 165, § 31, as amended by St. 1908, c. 253. In the Superior…
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Contract by the inhabitants of the county of Hampden against the clerk of the Superior Court for that county to recover one half of the amount of the fees received by him in naturalization cases and retained by him under the provisions of the act of Congress of June 29, 1906, (34 U. S. Sts. at Large, c. 3592,) after deducting the amount of the expenses incurred by him in such proceedings in accordance with B,. L. c. 165, § 31, as amended by St. 1908, c. 253. In the Superior Court the case was submitted to King, J., without a jury, upon a statement of facts agreed to by the parties. The judge…
1Opinion of the CourtKnowlton, C. J.
This is an action for money had and received. The defendant is the clerk of the courts for the county of Hampden, and he has in his hands certain fees received officially for services in connection with the naturalization of aliens. The question is whether he is bound to pay over to the county treasurer the balance in his hands, in accordance with the provisions of the R. L. c. 165, § 31, as amended by the St. 1908, c. 253 ; or whether his conduct is to be governed by the statute of the United States in regard to the naturalization of aliens.
*169The Constitution of the United States provides,…
2Cases cited13 opinions
- Ex Parte VirginiaSupreme Court of the United States · 1880
- Dred Scott v. SandfordSupreme Court of the United States · 1857
- United States v. Wong Kim ArkSupreme Court of the United States · 1898
- Farmers' & Mechanics' National Bank v. DearingSupreme Court of the United States · 1875
- Commonwealth of Ky. v. DENNISON, GOVERNOR, &C.Supreme Court of the United States · 1861
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3Cited by12 opinions
- Schaffer v. LeimbergMassachusetts Supreme Judicial Court · 1945
- Opinion of the Justices to the Governor & CouncilMassachusetts Supreme Judicial Court · 1940
- Inhabitants of County of Berkshire v. CandeMassachusetts Supreme Judicial Court · 1915
- Goulis v. Judge of Third District CourtMassachusetts Supreme Judicial Court · 1923
- Administrator of Office of Price Administration v. ChookMassachusetts Supreme Judicial Court · 1946
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