Spalding v. Wathen, Mueller & Co.

Opinion of the Court by

Judge Hobson .

Tom B. Spalding is the clerk of the Marion circuit court. There were a number of indictments pending in that court against Wathen, Mueller & Co., in which Spalding’s fees against them amounted to $55.30. He brought this suit on October 12, 1909, against them to recover this amount, charging that the services were rendered to the defendants more than 60 days before the filing of the petition and since January 1,1909. The defendants filed a general demurrer to the petition. The circuit court sustained the de*496murrer. The plaintiff failing to plead further, the…