Ostendorff v. County Commissioners

Citations

• 14 S.C. 403
• 1881 S.C. LEXIS 5

Syllabus

<p>1. For work done by a clerk of court officially, he can recover only such compensation as is fixed by the fee-bill; but preparing a new index to judgments and decrees is no part of the regular and ordinary duties of such office.</p> <p>2. A Circuit judge has no power to bind the county to pay for work done upon the public records of his court, in accordance with the recommendation of the grand jury, nor can he refer it to a master of the court to fix the proper compensation for such work, nor, upon report made, order payment.</p> <p>8. In the absence of contract no action will lie against the county commissioners demanding payment for work done upon public records of the Circuit Court, although such work, when done, was used by the public.</p> <p>4. The county commissioners are the legally constituted agents of the county, and to them alone is given the power to contract county obligations.</p>