23 Kan. 128 | Kan. | 1879
The opinion of the court was delivered by
The plaintiff in the court below, plaintiff in error in this court, brought an action against the defendant in error in the district court of Shawnee county, for services rendered by him as clerk of the district court of said county. The defendant demurred to the petition of the plaintiff, and the demurrer being sustained by the court below, the plaintiff excepted, and brings the case here.
The question submitted for our determination is, whether the county of Shawnee is liable for the services rendered. The services alleged are, for the entries on the journal of the court of orders opening and adjourning court, excusing', discharging and swearing jurors, electing a judge pro tern., and
Sec. 21, ch. 39, p. 446, Comp. Laws 1879, provides that ■“ within ten days after the close of each term of a court of record, the clerk thereof shall return to the board of county commissioners á statement of the attendance of jurors at such term and their mileage as taken by him, together with a statement of the attendance and mileage of witnesses in all criminal cases claimed and for which the county is liable.” Sec. 2 •of said chapter makes provision for the payment of such service, in the following words: “Certifying fees of jurors and witnesses to county board,, each name, five cents.”
Sec. 21 requires the statement to be furnished to the county board. Sec. 2 provides the fee therefor, and the fair intendment from these provisions of the statute is, that the fees are to be paid by the party to whom the statement is furnished. This being the county, therefore the county is liable for the service.
The judgment of the district court will be reversed, and the case remanded with direction to overrule the demurrer and enter judgment for the plaintiff for $1.10.