Riley v. Hogue

The opinion of the court was delivered by

Price, J.:

Were we to accept this case on its merits, the question presented would be whether a clerk of a district court is entitled to retain personally fees collected in naturalization and passport proceedings.

The action was brought for a declaratory judgment pursuant to the provisions of G. S. 1949, 60-8127, et seq. Highly summarized, the pleadings disclose the following:

The plaintiff is the duly elected, qualified and acting clerk of the district court of Ford county, and her petition alleges that defendants are certified public accountants and…