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· 11/15/1898

Bogan v. Holder

Citations

  • 76 Miss. 597

Syllabus

<p>1, Assessors. Fees of. Laws 1894. chapter 33, p. 28.</p> <p>The assessor, under laws 1894, chapter 33, p. 28, fixing his compensation, is entitled to five per centum on the total amount of the assessment made by him, real and personal, but his fees are not to be less than three hundred nor more than one thousand dollars in any year. He is not entitled to five per centum additional on the land roll, made once in every four years, as well as three hundred dollars for the personal roll.</p> <p>2. Mandamtjs. Officer's demand for fees. Debtor to State. Overpayment.</p> <p>If an officer, through mistake of the auditor, receive too much compensation from the state for services rendered in one period of his official term-, and the auditor, discovering the error, withholds a sufficiency of his compensation earned in a subsequent period to correct and balance his account, mandamus will not be awarded him to compel payment of the sum so withheld.</p>

Judges: Woods

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