Board of County Commissioners v. Ott

The opinion of the court was delivered by

Burch, J.:

The action was one to recover fees collected by the defendant as register of deeds. The plaintiff recovered and the defendant appeals.

The defendant took office on January 13, 1913, under a statute which fixed his compensation as follows: He was allowed to retain out of fees collected the sum of $1100, and if in any year more than that sum were collected, one-half the excess was to be paid to the county. On July 1, 1913, a statute took effect giving the defendant a salary of $1500 per year and requiring him to turn all fees collected into the…