County of Sargent v. Sweetman
North Dakota Supreme Court
Appeal from District Court, Sargent County; Fmnlc P. Allen, J. Action to recover fees alleged to belong to the county. Erom a judgment in defendant’s favor, tbe county appeals. A person accepting a public office with fixed salary is bound to perform the duties of the office for the salary, and cannot collect and retain fees provided to be charged and collected. for certain special acts of the officer. 19 Am. & Eng. Enc.
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Appeal from District Court, Sargent County; Fmnlc P. Allen, J. Action to recover fees alleged to belong to the county. Erom a judgment in defendant’s favor, tbe county appeals. A person accepting a public office with fixed salary is bound to perform the duties of the office for the salary, and cannot collect and retain fees provided to be charged and collected. for certain special acts of the officer. 19 Am. & Eng. Enc. Law, 528 and notes; Decatur v. Vermillion, 77 Ill. 315; Miami County v. Blake, 21 Ind. 32. Every act required to be done by virtue of his office, or in the name of his office,…
1Opinion of the CourtFisK, J.
This is an action to recover from the defendant, as county judge, certain fees collected by him and for which he has not accounted. A jury was waived and the facts stipulated, from which it appears that defendant collected $25 for making certified copies of his records, and $100 for issuing marriage licenses, no part of which he has paid' *259over to tbe county. The trial court’s conclusions of law were favorable to the defendant, bolding that be was entitled to retain such fees in addition to his salary as fixed by article 3, chapter 29, of the Political Code of 1905.
But two questions are…
2Cases cited23 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- United States v. TynenSupreme Court of the United States · 1871
- Ex Parte Crow DogSupreme Court of the United States · 1883
- Daviess v. FairbairnSupreme Court of the United States · 1845
- Comm'rs of Leavenworth Co. v. BrewerSupreme Court of Kansas · 1872
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3Cited by12 opinions
- First American Bank & Trust Company v. EllweinNorth Dakota Supreme Court · 1972
- Adams County v. Smith and Dakota Collieries Co.North Dakota Supreme Court · 1946
- State v. RodmanNorth Dakota Supreme Court · 1928
- State v. MosesNorth Dakota Supreme Court · 1942
- Baird v. MallSouth Dakota Supreme Court · 1930
7 more not listed; retrieve them via the Exa API.