Simmons v. Board of County Com'rs of Osage County

Plaintiff below, plainfff in error, sought judgment in the sum of $2,-822.24 against the board of county commissioners of Osage county. The plaintiff was assignee of former litigants who had right in the past to claim and recover from the court clerk of Osage county unused balances of cost deposits under section 1061, O. S. 1931;

“It shall he the duty of the clerk of the court or justice, receiving any costs belonging to any other person, to hold same, subject to the order of the person entitled thereto and to pay the same over on request; and if such fees shall not be called for witbin one…