Webster County v. Nance

STANLEY, Commissioner.

This is an action by Webster County to recover of R. T. Nance sums collected by him as a justice of the peace during the years 1954 through 1957 in excess of $5,-000 per year.

The fiscal court had set a per diem fee of $15 for magistrates’ attendance upon each of its meetings, but did not place a limitation on their total compensation. The maximum compensation was, therefore, that which had been previously fixed before the term of office began, KRS 64.700, which was $5,000. Upton v. Whitley County, Ky., 256 S.W.2d 3; Funk v. Milliken, Ky., 317 S.W.2d 499. The plaintiff…