Peet v. White
Supreme Court of Iowa
Appeal from, Jones District Gowrt. The plaintiffs aver in their petition, in substance, that they are citizens and tax-payers of Jones county, Iowa; that the defendant, B. II.
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Appeal from, Jones District Gowrt. The plaintiffs aver in their petition, in substance, that they are citizens and tax-payers of Jones county, Iowa; that the defendant, B. II. White, is clerk of the District Court of said county; that the defendant, J. C. Dietz, was his predecessor, and served as clerk for the period of eight years; that the board of supervisors established his compensation for the year 1868 at $600 and fees; for 1869,1870, 1871 and 1872 at $500 and fees; and for 1873 and 1874 at $400 and fees; that he received for 1867, $1,736.71; 1868, $1,889.87; 1869, $1,694.86; 1870,…
1Opinion of the CourtAdams, J.
Section 430 of the Eevision provided that the salary of the clerk should be abolished, and that he should receive the fees therein specified.
Section 3781 of the Code authorizes the clerk to charge and receive the fees therein specified. We do not think his title to the fees depends upon the time when they are collected. Until collected, they remain a charge in his favor as compensation for the work for which they are charged.
Whether the defendant, Dietz, can collect and retain all the fees, provided they should, with the allowance made by the board of supervisors, exceed the sum of $2,000, is…
2Cited by2 opinions
- Washington County v. JonesSupreme Court of Iowa · 1876
- Boettcher v. Lancaster CountyNebraska Supreme Court · 1905