Parrish v. Ferguson
Court of Appeals of Kentucky
Case 4 — MOTION 1. The right to charge fees for official services is to be determined hy our; statutes alone, and there is no statute in this State authorizing a clerk to charge for a copy never in fact made. (General Statutes, chapter-41, section 1; Ibid., chapter 26, section 32.) 2. A promise to pay an officer an extra sum for the performance of official duty is illegal and void. An execution may be quashed upon motion, for an error of the clerk in taxing too much cost.
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Case 4 — MOTION 1. The right to charge fees for official services is to be determined hy our; statutes alone, and there is no statute in this State authorizing a clerk to charge for a copy never in fact made. (General Statutes, chapter-41, section 1; Ibid., chapter 26, section 32.) 2. A promise to pay an officer an extra sum for the performance of official duty is illegal and void. An execution may be quashed upon motion, for an error of the clerk in taxing too much cost. (Noe and Lawless v. Conyers, 6 J. J. Mar., 514; McCann v. Gouge, 9 B. M., 56; Davie v. Long’s Adm’r, 4 Bush,, 575.) If an…
1Opinion of the CourtChief Justice Hines
dblivebed the .opinion of the couet;.
Tliis is a motion to quash an execution in favor- of tlie clerk, issued from the clerk’s office of this court,, upon the ground that it embraces a charge for copying a record which was not in fact copied. It appears that counsel for the party who was successful in this court obtained permission from the clerk to> use the original record, instead of having a' copy, upon the agreement that his client should be charged with a copy, as if in fact made. The charge was so-made against the party obtaining the record, and on. final judgment his cost in this court,…
2Cases cited1 opinion
- Broaddus's devisees v. Broaddus's heirsCourt of Appeals of Kentucky · 1874
3Cited by2 opinions
- Shackelford v. PhillipsCourt of Appeals of Kentucky · 1902
- Board of Councilmen v. Deposit BankU.S. Circuit Court for the District of Kentucky · 1902