Smith v. Johnson

Rossell J.

This action was brought to recover the fees auege(j to be due to the plaintiff Johnson, who had been a constable, for serving state process, which fees it was said been received by Smith the defendant, who is clerk of the county of Salem. If the clerk has actually received fees for services rendered by the officers of the court, or for attendance as jurors or witnesses, there cannot be a , . . . doubt, but he is liable to an action for* retain *mg them. ;gut this receiving and retaining of them, must be established according to the known rules of law. How stands this case ? The…