City of St. Louis v. Sommers

Decision Date07 March 1899
Citation148 Mo. 398,50 S.W. 102
PartiesCITY OF ST. LOUIS v. SOMMERS, Justice of the Peace.
CourtMissouri Supreme Court

1. Laws 1891, p. 175, § 12, fixes the salary of a justice of the peace at $2,500. Section 16 requires all fees and costs collected in his court to be paid into the city treasury. Section 17 requires his clerk to keep itemized accounts of all fees and costs taxed or collected in his court. Held, that this did not apply to the fee allowed the justice for solemnizing marriages, by Rev. St. 1889, § 5005.

2. Rev. St. 1889, § 5031, requiring municipal officers who perform duties for the state, and whose salaries are paid by the municipality, to collect and pay over to the municipality all fees allowed by any state law for such duties performed for the state, does not apply to justices of the peace.

Appeal from St. Louis circuit court.

Action by the city of St. Louis against George Sommers, justice of the peace. There was a judgment for defendant, and plaintiff appeals. Affirmed.

Chas. Claflin Allen, for appellant. Rassieur & Rassieur, for respondent.

GANTT, J.

This is an action in which the plaintiff, the city of St. Louis, seeks to recover from the defendant, a justice of the peace, the amounts collected by him as fees for solemnizing marriages. The petition is founded on the proposition that under the act of 1891, referring to justices of the peace in cities of 300,000 inhabitants, all fees and costs not collected by the constable shall be paid to the clerk; that no fees shall be received by the justice; and that all fees collected "for services of the justice" shall be turned over to the city. The petition alleges the collection by the defendant of $562 as fees allowed by statute for marriages solemnized by defendant, avers that said amounts were received to the use of the city, and prays judgment. The demurrer admits all facts well pleaded. Final judgment was rendered for defendant on the demurrer, and the city appeals.

A justice of the peace by the laws of Missouri is authorized to solemnize marriages. Rev. St. 1889, § 6843. He is allowed a fee of two dollars for solemnizing each marriage. Rev. St. 1889, § 5005. Does the act of 1891 (Laws Mo. 1891, p. 175) require him to pay all such fees into the city treasury? Section 12 of said act provides that each justice of the peace elected under the provisions of said act, which is applicable to the city of St. Louis alone, shall receive a salary of $2,500 per annum, payable monthly out of the treasury of said city. Such justice is required to appoint a clerk of his court to hold office during the pleasure of such justice, who shall give bond. By section 16 it is provided: "All fees and costs collected in said courts not paid to or collected by the constables or their deputies shall be paid to and received by said clerks, and in no instance paid to or received by said justices; said clerk shall pay over all said fees...

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