Herrn v. Sharp County
Supreme Court of Arkansas
Appeal from Sharp Circuit Court; John W. Meek, Judge; Claim of Thos. I. Herrn, prosecuting attorney, against the county of Sharp for commissions on amount collected on a judgment rendered upon a forfeited bail bond. The circuit court on appeal from the county court refused to allow the claim, and the claimant appealed. Prosecuting attorneys "shall be allowed ten per cent, of the amount on forfeited bail bonds and recognizances.”
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Appeal from Sharp Circuit Court; John W. Meek, Judge; Claim of Thos. I. Herrn, prosecuting attorney, against the county of Sharp for commissions on amount collected on a judgment rendered upon a forfeited bail bond. The circuit court on appeal from the county court refused to allow the claim, and the claimant appealed. Prosecuting attorneys "shall be allowed ten per cent, of the amount on forfeited bail bonds and recognizances.” Kirby’s Digest, § 3488. But this does not authorize payment of the per cent, to the prosecuting attorney upon his procuring judgment It can properly be allowed only…
1Opinion of the CourtMcCuuuoch, J.
The question presented here is whether or not a prosecuting attorney is entitled to a commission on money collected during his term of office on a judgment rendered during the term of his predecessor upon a forfeited bail bond. It is provided by law that prosecuting attorneys shall receive a salary of two hundred dollars per annum (Kirby’s Digest, § 7374) and in addition thereto the fees enumerated in the following section of the statutes, viz.:
“Sec. 3488. Prosecuting attorneys, when present and prosecuting cases, either in person or by his deputy in justice court.
For each judgment obtained…
2Cited by1 opinion
- CarlLee v. WilliamsSupreme Court of Arkansas · 1914