Hurd v. Atkins

This was an action to recover damages from Atkins, the clerk of the district court of Clear Creek county, Colorado, for fees excessively, illegally and corruptly charged.

To the complaint a demurrer was interposed and overruled. Thereafter defendant answered. Trial was had to a jury, resulting in a verdict for defendant, upon which judgment was entered.

Much has been said in the argument of the respective parties as to the nature of this action, and whether or not the complaint contained a cause of action.

It is insisted, on the one side, that it is necessarily an action under the statute, and…