State Ex Rel. May v. Fussell

BARNS, Circuit Judge:

The county judge brought mandamus proceedings to compel the county commissioners of the county to pay him a fee of five (5) dollars a day for attending the court of which he was judge. The alternative writ was issued, and respondents’ motion to quash it was granted, and relator appeals.

The Revised General Statutes by Sections 3084, 3347, and 3384 made the fees of the justices of the peace, the county judges, and the clerks of the circuit courts the same. The fees fixed by the foregoing statutes related to numerous ministerial or clerical functions as opposed to judicial…