Moser v. Summers

Opinion of the Court by

Chief Justice Miller

Affirming.

In 1913 Lorena Frye sued the appellant, Joseph L. Moser, in the Jefferson circuit court, for damages. Upon a. trial of that case the jury found for the defendant Moser; whereupon he took judgment for his costs, amounting to $13.45. At that time Louis Summers, one of the defendants to this action, was clerk of the Jefferson circuit court.

Summers, as clerk, made out a fee bill as required by law, and presented it to Moser for payment, and upon Moser’s refusal to pay, Summers, as clerk, instituted a suit thereon in the court of Ben Schulman, a…