Casey v. State

The appellant James T. Casey was the county attorney of Harrison county during the years 1923 and 1924. He collected fees during that time in excess of those allowed for his own compensation. He paid $1,335.07 out of the excess fees collected to a stenographer, or office assistant. In his report and settlement he claimed credit for that amount as necessary office expenses. This suit was filed by the present county attorney in the name of the state, on Casey’s official bond, to collect the excess fees so retained.

In his answer Casey pleaded, in substance, that the amount sued for was expended…