Smith v. Carbon County

FOLLAND, Chief Justice.

This cause is here on second appeal. The opinion in the first appeal is reported in 90 Utah 560, 63 P. 2d 259, 108 A. L. R. 513.

Plaintiff, as assignee of the Estate of Frank F. Fisk, deceased, brought the action to recover the sum of $1,321 paid under protest to the Clerk of the District Court of Carbon County, and claimed by the clerk as a fee for services rendered to the estate. Payment was made at the time of filing of the inventory and appraisement of the estate. A total of $1,331 was paid to the clerk, but only $1,321 was paid under protest. It was conceded by…