Heinz v. Larimer

The opinion of the court was delivered by

Marshall, J.:

This action is one in mandamus to compel the defendant, as clerk of the court of Topeka, to pay over to the plaintiff, the county attorney of Shawnee county, the sum of $50 as fees earned by him in the prosecution and conviction of Ed Switzer on two counts for violating the prohibitory liquor law. On April 21, 1925, Ed Switzer paid the fines and the costs,- including $50. as an attorney’s fee. The defendant refuses to pay .the $50 to the plaintiff and bases his refusal on the following provision contained in section 1 of chapter 7 of the…