McDonald v. Logan County

• Decision Date: 19 March 1892
• Citation: 18 S.W. 1047,55 Ark. 577
• Parties: MCDONALD v. LOGAN COUNTY
• Court: Arkansas Supreme Court

18 S.W. 1047

55 Ark. 577

MCDONALD v. LOGAN COUNTY

Supreme Court of Arkansas

March 19, 1892

APPEAL from Logan Circuit Court, HUGH F. THOMASON, Judge.

J. D and H. W. Fort were indicted jointly for burglary in Logan circuit court; after change of venue was taken to the Greenwood district of Sebastian county, they severed and were each convicted.

Executions with fee bills attached were issued upon the judgments as follows: (1) Against J. D. and H. W. Fort jointly for $ 358.30, the amount of costs accrued before severance; (2) against H. W. Fort for $ 811.60, costs accrued after severance; (3) against J. D. Fort for $ 1458.75, costs accrued after severance. The three executions were levied upon property belonging to the execution defendants, and at the sale on December 14, 1889, a commissioner for Logan county became the purchaser, bidding the full amount of the first two executions, and $ 860 on the third execution. On July 14, 1890, the property was redeemed by paying the amount of the bids with 15 per cent. interest to A. A. McDonald clerk of the Sebastian circuit court, by whom it was paid to appellee.

On April 7, 1890, McDonald filed in the Logan county court his claim for $ 171.80 for services rendered as circuit clerk in the causes above mentioned. On July 7, 1890, the county court allowed his claim for $ 116 and disallowed the sum of $ 55.80. Appeal was taken to the circuit court. At the trial it was conceded that the items of fees disallowed were included in the amounts of the several executions issued against J. D and H. W. Fort, and received by the county. The court, trying the cause without a jury, found that the clerk had made certain illegal charges, and sustained the action of the county court in disallowing items amounting to $ 55.80. The clerk has appealed.

Reverse and remand.

Anthony Hall for appellant.

Logan county stood in the relation of a purchaser as to this claim. The fees, whether legal or not, were paid by the defendants in execution; Logan county received them, and hence is liable to appellant for them. This is not a case where the county is liable for the costs under the statute. It is liable because it has collected fees belong to appellant. Mansf. Dig., secs. 3260, 3235.

OPINION

HEMINGWAY, J.

The basis of the claim in this cause is the liability of the county to account for and pay over money received for the use of plaintiff, and not its statutory liability...