Baker v. ALLEN

Oxner, Justice.

This is an action against the County of Dillon and the Probate Judge and Treasurer thereof for money had and received. It is claimed that plaintiff was unlawfully required *145to pay $4.00 for a marriage license, although the proper fee was only $1.00. Recovery is sought for the difference of $3.00. The case is here on appeal from an order striking out, as sham and' irrelevant, the answer of the County of Dillon and ¶ its Treasurer and awarding judgment for the plaintiff on the pléadings.

It is alleged in the complaint that on July 29, 1950, plaintiff and Lenore Cummings,' both…