Brandon v. Commissioners of Caswell County
Supreme Court of North Carolina
This was an ORDER on the defendants in favor of the plain* tiff, made by Tourgee, J., at Pall Term, 1873, of Caswell Su* perior Court, in the following words, to wit: “ Superior Court, \ ^ T Caswell County. \ le™’ 187d' It is ordered that the Commissioners of Caswell county allow and pay to Henry P. Brandon, Clerk of said Court, fifty dollars for his services in attending upon said Court at Spring and Pall Terms, 1873. (Signed) A. W. TOURGEE, ■Judge Seventh District,…
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This was an ORDER on the defendants in favor of the plain* tiff, made by Tourgee, J., at Pall Term, 1873, of Caswell Su* perior Court, in the following words, to wit: “ Superior Court, \ ^ T Caswell County. \ le™’ 187d' It is ordered that the Commissioners of Caswell county allow and pay to Henry P. Brandon, Clerk of said Court, fifty dollars for his services in attending upon said Court at Spring and Pall Terms, 1873. (Signed) A. W. TOURGEE, ■Judge Seventh District, Presiding.” Plaintiff gave the Commissioners notice that he would move his Honor for an order compelling them to obey the above…
1Opinion of the CourtReads, J.
The statutes prescribes that the clerks of Courts, sheriffs and other officers shall receive certain specified fees for - services, and that they shall receive “ no extra allowance or other compensation whatsoever, unless the same shall be expressly required by some statute.” C. C. P., sec. 555; Bat. Rev., chap. 105.
The language is broad, but still it may have been intended to apply to the services specified and not to extra services for which no fees are specified. And this is made the more probable by reference to the statutes and the practice under the former system. Our former statute,…
2Cases cited1 opinion
- Gill v. . DentonSupreme Court of North Carolina · 1874
3Cited by1 opinion
- Young v. . Commissioners of BuncombeSupreme Court of North Carolina · 1877