City of St. Louis v. Sommers

CourtUnited States State Supreme Court of Missouri
Writing for the CourtGantt
Citation148 Mo. 398,50 S.W. 102
PartiesCITY OF ST. LOUIS v. SOMMERS, Justice of the Peace.
Decision Date07 March 1899
50 S.W. 102
148 Mo. 398
CITY OF ST. LOUIS
v.
SOMMERS, Justice of the Peace.
Supreme Court of Missouri, Division No. 2.
March 7, 1899.

JUSTICES OF THE PEACE — MARRIAGE FEES — MUNICIPAL OFFICERS.

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...

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2 practice notes
  • Smith v. Pettis County, No. 36123.
    • United States
    • United States State Supreme Court of Missouri
    • 23 Enero 1940
    ...court record need be made thereof and a judge is not required to account for fees earned in solemnizing marriages. St. Louis v. Sommers, 148 Mo. 398. (2) Section 11776, Revised Statutes 1929, provides "the several officers hereinafter named" (which includes probate judges) "shall be allowed......
  • Ward v. County of St. Louis, No. 38359.
    • United States
    • United States State Supreme Court of Missouri
    • 6 Noviembre 1944
    ...the county treasurer the $2 collected for solemnizing a marriage. Art. 8, R.S. 1939; Secs. 3363, 13400, R.S. 1939; St. Louis v. Sommers, 50 S.W. 102; Smith v. Pettis County, 136 S.W. (2d) l.c. 288. (7) Article 8, Chapter 11, Sections 2752-2758, R.S. 1939, is a Revisions Act and therefore, t......
2 cases
  • Smith v. Pettis County, No. 36123.
    • United States
    • United States State Supreme Court of Missouri
    • 23 Enero 1940
    ...court record need be made thereof and a judge is not required to account for fees earned in solemnizing marriages. St. Louis v. Sommers, 148 Mo. 398. (2) Section 11776, Revised Statutes 1929, provides "the several officers hereinafter named" (which includes probate judges) "s......
  • Ward v. County of St. Louis, No. 38359.
    • United States
    • United States State Supreme Court of Missouri
    • 6 Noviembre 1944
    ...the county treasurer the $2 collected for solemnizing a marriage. Art. 8, R.S. 1939; Secs. 3363, 13400, R.S. 1939; St. Louis v. Sommers, 50 S.W. 102; Smith v. Pettis County, 136 S.W. (2d) l.c. 288. (7) Article 8, Chapter 11, Sections 2752-2758, R.S. 1939, is a Revisions Act and therefore, t......

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