Messenger v. Board of County Commissioners
Wyoming Supreme Court
Error to the District Court, Converse County.; Hon. Roderick N. Matson, Judge. The material facts are'stated in the opinion. The right of the sheriff to the fees in question primarily depends upon the meaning of the term “civil cases” as used in Section 2 of Article XIV of the Constitution. We contend that .said term was used in its ordinary meaning and acceptation, and that it should not be given a strained or contracted construction.
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Error to the District Court, Converse County.; Hon. Roderick N. Matson, Judge. The material facts are'stated in the opinion. The right of the sheriff to the fees in question primarily depends upon the meaning of the term “civil cases” as used in Section 2 of Article XIV of the Constitution. We contend that .said term was used in its ordinary meaning and acceptation, and that it should not be given a strained or contracted construction. By the statute making the sheriff the inspecting officer, and requiring him as such to inspect horses about to be transported and driven out of the state, the…
1Opinion of the Court
Potter, Justice.
The plaintiff, Charles Messenger, alleging that he was and had been since January 1, 1906, the sheriff of Converse county, commenced this action in the district court in that •county on April 7, 1908, to recover from the county certain fees amounting to $340.30 collected by him as provided by law for the inspection of horses; the said fees having been paid into the county treasury, as alleged in the petition, under an oral agreement with the county commissioners that the same should he held in a separate fund pending a judicial determination of the right of the plaintiff- and…
Also in this document: Concurrence.
2Cases cited16 opinions
- New Mexico Ex Rel. E. J. McLean & Co. v. Denver & Rio Grande RailroadSupreme Court of the United States · 1906
- Blyew v. United StatesSupreme Court of the United States · 1872
- Erwin v. United StatesDistrict Court, S.D. Georgia · 1889
- Calderwood v. PeyserCalifornia Supreme Court · 1871
- United States v. DollaCourt of Appeals for the Fifth Circuit · 1910
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3Cited by1 opinion
- In Re Storage Technology Corp.United States Bankruptcy Court, D. Colorado · 1990