Reid v. Groezinger

Citations

• 115 Cal. 551
• 47 P. 374
• 1897 Cal. LEXIS 472

Syllabus

<p>Fee Act of 1895—Applicability to San Francisco—Fees of Justice of the Peace—Entry of Judgment.—The act of March 28, 1895, establishing the fees of county, township, and other officers, and which provides that the legal fee for the entry of a judgment by a justice of the peace is two dollars, is applicable to the city and county of San Francisco.</p> <p>Id.—Other Acts Superseded—Unconstitutional Provision for Retention of Fees.—The act of March 28, 1895, in so far as it establishes the fees which justices of the peace may charge and collect supersedes all other acts, but the further provision that such fees shall be retained by the justices to their own use, is unconstitutional.</p> <p>Id.—Fee for Entry of Judgment—Tender to Justice—Mandamus.— No other statute on the subject of fees of justices of the peace in the city and county of San Francisco, contemplates or permits the reception by the justice personally of a fee for the entry of judgment; and mandamus will not lie to compel the justice to accept the legal fee for such entry tendered to him by the plaintiff, and thereupon to enter a default judgment in an action commenced in his court in such city and county.</p>