Norton v. Board of County Commissioners

*660The opinion of the court was delivered by

Johnston, C. J.:

A controversy arose between the county attorney and the county commissioners as to the right of the county attorney to receive and retain fees awarded to him by a justice of the peace in cases where automobiles were adjudged to be forfeited and sold and the fee of the county attorney was adjudged to be paid to him as part of the costs, out of the proceeds of the sale. To obtain a determination of the controversy the county attorney brought this action asking for a declaratory judgment sustaining his right to the fees. The judgment of…