Logan County v. Trimm
Supreme Court of Arkansas
Appeal from Logan Circuit Court. Hugh F. Thomason, Judge. 1. The county court is prohibited from allowing any officer any fee not specifically allowed such by law, and in no case can constructive fees be paid by counties. Mansf. Dig. sec. 1414. “ Specifically ” is defined “ definitely,” “particularly.” Webster’s Diet. The,fee must be allowed in direct terms. Mansf.
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Appeal from Logan Circuit Court. Hugh F. Thomason, Judge. 1. The county court is prohibited from allowing any officer any fee not specifically allowed such by law, and in no case can constructive fees be paid by counties. Mansf. Dig. sec. 1414. “ Specifically ” is defined “ definitely,” “particularly.” Webster’s Diet. The,fee must be allowed in direct terms. Mansf. Dig. sec. 3285, does not include any fee for “swearing jurors to qualifications,” “swearing witnesses to testify,” “swearing witness to claim for attendance,” etc. It says : “for administering each oath, 10c,” but to claim that…
1Opinion of the Court
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This appeal involves the consideration of divers questions in reference to the allowance of fees by the county court to be paid by the county to a' circuit clerk for services performed by him in his official capacity.
Observance of a few general rules deducible from the statutes and decisions will serve to simplify the questions.
1. Three things must be found to concur before ° • the county court is authorized to allow a claim against county in favor of an officer for fees : 1st. There must be specific statutory authority to the officer to make a charge for the service rendered.…
2Cases cited10 opinions
- United States v. Van DuzeeSupreme Court of the United States · 1891
- Cole v. White CountySupreme Court of Arkansas · 1877
- Mountjoy v. StateIndiana Supreme Court · 1881
- Logan County v. RoadySupreme Court of Arkansas · 1892
- Chiles v. StateSupreme Court of Arkansas · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Peay v. Pulaski CountySupreme Court of Arkansas · 1912
- Hempstead County v. HarknessSupreme Court of Arkansas · 1905
- Miller County v. MageeSupreme Court of Arkansas · 1928
- Honey v. Greene CountySupreme Court of Arkansas · 1912
- Burgess v. Johnson CountySupreme Court of Arkansas · 1923
8 more not listed; retrieve them via the Exa API.