State ex rel. Nettleton v. Case
Citations
- 39 Wash. 177
- 81 P. 554
- 1905 Wash. LEXIS 838
Syllabus
<p>Executors and Administrators—Fees—Taxation—Uniformity— Clerk’s Fees Based Upon Valuation of Estate—Property Tax— Validity. Laws 1903, p. 290, prescribing a scale of fees, based upon the valuation of the estate, to be paid to the clerk of the court upon filing the first papers in probate, imposes a charge in the nature of a property tax upon estates, which is void because not uniform or levied in proportion to value, where the fees exacted are paid into the general fund of the county and have no relation to the services rendered in the administration of the estate.</p> <p>Same—Statutes—Title of Act—Sufficiency. Laws 1903, p. 290, entitled an act relating to the fees of county officers, and which provides for an ad valorem charge upon estates in probate, called a clerk’s fee, in the nature of a property tax, violates art. 2, § 19 of the constitution providing that no bill shali embrace more than one subject, which shall be expressed in the title.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “As the question of attorney’s fees was not presented for determination when the case was heard on its merits, such question cannot now be presented, on an application for rehearing, as a matter overlooked by the court in affirming the judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Budkin, Crow, Dunbar, Fulderton, Hadley, Mount
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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