Banks v. State
Court of Appeals of Maryland
Appeal from the Superior Court of Baltimore City. The appellee sued the appellant for money payable by him, as register of wills of Baltimore City, to the State in excess of the sum, which, as register, he was entitled to retain in each and every year, as salary or compensation for the discharge of his duties, and for the expenses of his office, between the 26th of November, 1879, and the 1st of December, 1882. The defendant pleaded not indebted as alleged.
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Appeal from the Superior Court of Baltimore City. The appellee sued the appellant for money payable by him, as register of wills of Baltimore City, to the State in excess of the sum, which, as register, he was entitled to retain in each and every year, as salary or compensation for the discharge of his duties, and for the expenses of his office, between the 26th of November, 1879, and the 1st of December, 1882. The defendant pleaded not indebted as alleged. The case was submitted on an agreed statement of facts, substantially, as follows: First. That the defendant was the register of wills…
1Opinion of the CourtAlvey, J.
The sole question in this case is, whether the appellant, as register of wills, for the City of Baltimore, is entitled to retain the five per cent, commission allowed by law on the amount of taxes on collateral inheritances, and on commissions of executors and administrators, received by him, over and above the salary and expenses of his office allowed by the Constitution of the .State? Or, in other words, whether he is entitled to receive and retain the five per cent, commission on the taxes mentioned as extra compensation, and not as fees or receipts of his office as. register of wills, and…
2Cited by3 opinions
- Vansant v. StateCourt of Appeals of Maryland · 1902
- Green v. StateCourt of Appeals of Maryland · 1914
- State v. GreenCourt of Appeals of Maryland · 1913