County of Norfolk v. Cook
Massachusetts Supreme Judicial Court
Contract or tort, with a count for an alleged conversion, a count to recover money paid under a mutual mistake, and a count on an account annexed for money paid to the defendant as clerk of the courts of Norfolk County for travelling expenses, incurred in going between his house in the town of Weymouth and the clerk’s office in the town of Dedham upon days when the court was in session, to which the defendant was not entitled.
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Contract or tort, with a count for an alleged conversion, a count to recover money paid under a mutual mistake, and a count on an account annexed for money paid to the defendant as clerk of the courts of Norfolk County for travelling expenses, incurred in going between his house in the town of Weymouth and the clerk’s office in the town of Dedham upon days when the court was in session, to which the defendant was not entitled. In the Superior Court the case was submitted to Hardy, J., upon an agreed statement of facts. The judge made a pro forma finding for the defendant and reported the case…
1Opinion of the CourtHammond, J.
St. 1904, c. 451, after establishing the salaries of the clerks of the county courts, provides (§ 6) that “The clerks of courts . . . shall each be allowed by the respective counties in which said courts are established their travelling expenses necessarily incurred when holding sessions of said courts out of the cities or towns in which they severally reside, which expenses shall be audited by the county commissioners.” The plaintiff lived, in Weymouth, while Dedham was the county seat where alone the clerk’s office was located and the county courts held. After the passage of the statute the…
2Cases cited8 opinions
- Wisconsin Central Railroad v. United StatesSupreme Court of the United States · 1896
- Frederick v. Douglas CountyWisconsin Supreme Court · 1897
- Village of Fort Edward v. . FishNew York Court of Appeals · 1898
- Commonwealth v. FieldSupreme Court of Virginia · 1887
- Ellis v. Board of State AuditorsMichigan Supreme Court · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Roberts v. Roane CountyTennessee Supreme Court · 1929
- Aebli v. Board of EducationCalifornia Court of Appeal · 1944
- Attorney General v. Trustees of Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1946
- Heidt v. United StatesCourt of Appeals for the Fifth Circuit · 1932
- United States v. PaddockCourt of Appeals for the Fifth Circuit · 1949
13 more not listed; retrieve them via the Exa API.