Legal Opinion

Harris v. Buffington

Supreme Court of Missouri

Decided January 15, 1859PublishedCited by 4 opinions

Petition for Mcmdamus. This was an application to the supreme court in behalf of the clerk of the Callaway county court for a mandamus directed to the auditor of public accounts requiring him to audit a claim of said clerk to fees for certain services rendered by him under the revenue act of November 23,1857, and to issue his warrant on the treasurer.

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Petition for Mcmdamus. This was an application to the supreme court in behalf of the clerk of the Callaway county court for a mandamus directed to the auditor of public accounts requiring him to audit a claim of said clerk to fees for certain services rendered by him under the revenue act of November 23,1857, and to issue his warrant on the treasurer. The clerk claimed fees at the rate of ten cents per hundred words for copies of the tax books ; the auditor was willing to allow five cents per hundred words and figures.

1Opinion of the CourtEichardson, Judge

The only question in this case is whether the compensation to the clerks of the several county courts for services rendered by them under the revenue act of 1857 is regulated by that act or by the act concerning “ fees” of 1855.

The present revenue law is evidently designed to be complete within itself. It purports to cover the whole ground and seems to be provided with all the machinery necessary for its execution. New duties are imposed on the clerks not contemplated by previous acts and for which no compensation was allowed by the old law, but the comprehensive language of the sixth section…

2Cited by4 opinions

  1. King v. Maries CountySupreme Court of Missouri · 1923
  2. Butler v. Sullivan CountySupreme Court of Missouri · 1891
  3. Hubbard v. Texas CountySupreme Court of Missouri · 1890
  4. Drainage District No. 1 v. DaudtMissouri Court of Appeals · 1898

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