WEBSTER COUNTY v. NANCE


362 S.W.2d 723 (1962)

WEBSTER COUNTY, Kentucky, Appellant, v. R. T. NANCE, Appellee.

Court of Appeals of Kentucky.

December 7, 1962.


Attorney(s) appearing for the Case

Warren B. Miller, Dixon, Earle M. Nichols, Madisonville, for appellant.

Damon A. Vaughn, Thomas L. Withers, Dixon, for appellee.


STANLEY, Commissioner.

This is an action by Webster County to recover of R. T. Nance sums collected by him as a justice of the peace during the years 1954 through 1957 in excess of $5,000 per year.

The fiscal court had set a per diem fee of $15 for magistrates' attendance upon each of its meetings, but did not place a limitation on their total compensation. The maximum compensation was, therefore, that which had been previously fixed before the term of office...

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