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PERRY COUNTY v. COMBS

293 S.W.2d 571 (1956)

PERRY COUNTY, Appellant, v. Tolbert COMBS, Appellee.

Court of Appeals of Kentucky.

Rehearing Denied October 5, 1956.

Attorney(s) appearing for the Case

Alva A. Hollon, Hazard, for appellant.

W. M. Melton, Hazard, for appellee.

CLAY, Commissioner.

This is a suit by plaintiff appellant, Perry County, to recover from defendant appellee, the county attorney, excessive fees allegedly collected during the years 1950-53. In 1950 defendant's compensation as a public official was limited to $6,100 and for the years 1951, 1952 and 1953 the limit was $7,200. KRS 64.670; Kentucky Constitution, § 246.

The case was tried by the court without a jury. At the conclusion of plaintiff's

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