Keeling v. Searcy County
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; Brice B. Hudgins, Judge; The fees sought to be retained by the clerk in this case are authorized under an act of Congress, but he is not required by law to perform these services, as is specified in the act of the Legislature fixing his fees. On the contrary, while he may, under the act of Congress, perform the services, yet he may lawfully decline it, and is not required to do so.
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Appeal from Searcy Circuit Court; Brice B. Hudgins, Judge; The fees sought to be retained by the clerk in this case are authorized under an act of Congress, but he is not required by law to perform these services, as is specified in the act of the Legislature fixing his fees. On the contrary, while he may, under the act of Congress, perform the services, yet he may lawfully decline it, and is not required to do so. If he performs the services, the fees derived therefrom are not payable into the county treasury, but are his own, in addition to the salary provided by the State statute. 15 Fed.…
1Opinion of the CourtBattue, J.
Section one of an act entitled “An act to fix the salaries of the clerk, sheriff, and assessor of Searcy County,” approved April 19, 1905, provides as follows:
“That the fees and salary of the clerk of the circuit court of S'earcy County, Arkansas, shall not exceed the sum of fifteen hundred dollars ($1,500) per annum, and out of this sum he shall pay all necessary deputies and assistants, and the said sum of fifteen hundred dollars ($1,500) shall be full compensation for all work and services of said clerk that he is now and may hereafter be required by law to perform as clerk of the circuit…
2Cases cited2 opinions
- Hazelet v. Holt CountyNebraska Supreme Court · 1897
- Rhea v. Board of County CommissionersIdaho Supreme Court · 1906
3Cited by5 opinions
- State Ex Rel. Poinsett County v. LandersSupreme Court of Arkansas · 1931
- State Ex Rel. Lonoke County v. SwaimSupreme Court of Arkansas · 1925
- House v. BrazilSupreme Court of Arkansas · 1938
- Prairie County v. RadicanSupreme Court of Arkansas · 1927
- Swearingen v. State ex rel. Benton CountySupreme Court of Arkansas · 1923