Connerly v. Lincoln County
Connerly v. Lincoln County
Opinion of the Court
delivered the opinion of the court.
The appellant, Connerly, a justice of the peace of Lincoln county, presented his claim to the board of supervitors of that county for thirty-eight dollars for the year 1908, and thirty-nine dollars and sixty cents for the year 1909, making a total of seventy-seven dollars and sixty cents, for services as conservator of the peace for those years, which he contends he was entitled to under the provisions of paragraph “v,” section 2182, Code 1906. The board rejected his claim, from which order he appealed to the circuit court, where there was a judgment affirming the order of the board, from which he appeals to this court.
Paragraph “v” of section 2182 is as follows: “For services as conservators of the peace, and for examination of cases of persons charged with felony, to be paid out of the county treasury on the allowance of the board of supervisors, on a detailed fee-bill in each case, annually, a sum not exceeding fifty dollars.” For appellant’s services in the examination of felony cases, the board, on a detailed fee bill, in each case allowed him twelve dollars for the year 1908, and ten dollars and forty cents for the year 1909. His contention is that for his services as conservator of the peace he was entitled for each of said years, without the rendition of any itemized fee-bill, to an additional amount sufficient to
Reference
- Full Case Name
- L. L Connerly v. Lincoln County
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- 1 case
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- Syllabus
- 1. Justice of the Peace. Fees. Code 1906, section 2182, paragraph V. Under paragraph V, section 2182, Code 1906, providing that justice of the peace shall receive “for sendees as conservators of the peace and for examination of cases of persons charged with felony, to be paid out of the county treasury on the allowance of the board of supervisors, on a detailed fee-bill in each case, annually a sum not exceeding fifty dollars.” Held, that a justice of the peace cannot charge a lump sum for services as conservator of the peace and can only recover for the fees actually earned, as shown by a detailed fee-bill, and each item charged in such detailed fee-bill must be specifically authorized by some statute. 2. Same. Under this statute a justice of the peace can never recover more than fifty dollars in any one year and his fees may amount to much less.