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STATE v. MADISON COUNTY BD. OF COM'RS

No. 81-594.

327 N.W.2d 93 (1982)

213 Neb. 33

STATE of Nebraska ex rel. Marlin LANDANGER, Appellant, v. MADISON COUNTY BOARD OF COMMISSIONERS, and Paul Terry, Harold Seiler, and Louis Barry, Appellees.

Supreme Court of Nebraska.

December 10, 1982.

Attorney(s) appearing for the Case

Walter H. Radcliffe, Lincoln, and Ronald J. Albin, Norfolk, for appellant.

David A. Domina, Norfolk, for appellees.

James H. Moylan of Garvey, Nye, Crawford, Kirchner & Moylan, Omaha, for amici curiae Adams County et al.

KRIVOSHA, C.J., and BOSLAUGH, McCOWN, CLINTON, WHITE, HASTINGS, and CAPORALE, JJ.

KRIVOSHA, Chief Justice.

This appeal involves the single question of whether the increase in fees as provided for in the amendment to Neb.Rev.Stat. § 33-117 (Reissue 1978), adopted by the Nebraska Legislature (1980 Neb.Laws, L.B. 628), which increased from $3 to $10 per day the fees to be paid by the county to the sheriff as jailer when there are prisoners confined in the county jail, may be collected by the appellant, Marlin Landanger, the

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