County of Richland v. Miller

Citations

• 16 S.C. 244
• 1882 S.C. LEXIS 1

Syllabus

<p>1. “The County of Richland” and “Richland County” are equivalent phrases, and in an action by that county, either designation may be used.</p> <p>2. The board of county commissioners is not a court in such sense that its record may be pleaded in bar as evidence of a former recovery, or as res judicata in respect to a claim against the county allowed by the board.</p> <p>3. While not a court, it is the agent of the county in regard to all matters within the scope of its agency. As to all such matters requiring discretion and determination, their acts are gnosi-judicial-and binding upon the county until set aside for fraud or collusion in a direct proceeding- brought for that purpose; but those involving the exercise of no judgment, are ministerial, and, if erroneous, are void.</p> <p>4. Where the board acts upon claims fixed in character and amount by law, as salaries, tax costs, &c., their action involves no discretion, but is purely ministerial.</p> <p>5. The county may recover, from a clerk of court, moneys illegally or excessively charged by him for fees in State cases, even where his accounts have been audited by the board of county commissioners, approved by the Circuit judge, and warrants issued for their payment, and payment received from the county treasurer.</p> <p>6. An action to recover the penalty for fees illegally charged, may be instituted by any party injured by the charge, and is not confined to parties to the cause in which the fees were taxed. Therefore, for illegal and excessive fees' charged against a county, or collected from it, by a clerk of court, the county may bring action for the penalty prescribed by law, and their right to recover cannot be affected either by the action of the board of county commissioners in approving the account, or by the payment of the money by the county treasurer.</p> <p>7. In action to recover, on a first cause of action, a sum of money, for fees illegally collected, made up of several items, and on a second c