Chatters v. Board of Supervisors

Citations

• 73 Miss. 351

Syllabus

<p>1; Fees and Costs. Circuit clerk. State cases. Itemized account. Allowance by cowl. Mandamus. Code of 1892, $1996.</p> <p>On mandamus by the clerk of a circuit- court to compel the county to pay his fees under $ 199.6, code of 1892, in cases where the state has failed in the prosecution, etc., the writ, will be denied, on der murrer, when the petition therefor fails to show that the account for said fees allowed by the circuit court, but rejected by the board of supervisors, was itemized, for, unless itemized, it was not presented for allowance either to the court or the board of supervisors in the form contemplated by the statute.</p> <p>2. Circuit Clerk. Fees for attendance and drawing ju/rors. Alknvancetherefor. Rejection by supervisors. Code of 1892, g 1995.</p> <p>The allowance by the circuit court to its clerk, under g 1995, code of 1892, of the sum of fifty dollars for public services not particularly provided for, being a matter within its discretion, and its allowance to him of his fees for attendance on the court and for drawing jurors being one of compensation fixed by said section, the board of supervisors is without discretion to reject the same, on presentation of the order of the court, and may be compelled, by-mandamus, to provide for the payment thereof.</p> <p>3. Mandamus. Account. Writ awarded as to particular items. Denied as to others. Code of 1893, H 3848, 8849.</p> <p>In mandamus against a board of supervisors to compel it to allow an account and to direct the issuance of its warrant in payment of the same, the writ should be awarded as to the items thereof that the board has illegally rejected, although the account may contain another item that it has legally rejected, in view of the strongly remedial nature of the statute regulating such proceedings in this state, whereby they are assimilated to ordinary actions at law.</p>