Commonwealth v. Allen, Circuit Clerk

Opinion op the Court by

Commissioner Hobson

Reversing.

The sheriff of Breathitt county sold the land of 240 taxpayers for their state and county taxes. Thereafter the county attorney prepared 240 suits against these taxpayers, as provided by the statute, to recover possession of the land. He tendered the petitions to the clerk of the circuit court, who refused to file them unless the county attorney would pay him $5 to cover costs in each case.

The county attorney thereupon brought this action in the Breathitt circuit court against the circuit court clerk to require him to file the petitions. The…