62 Vt. 296 | Vt. | 1890
The opinion of the court was delivered by.
The petitioner is judge of the city court of the city of Burlington. The petitionee is state auditor. It is provided by section 2, No. 37, Acts of 1888, that in prosecutions for intoxication where the disclosure of the respondent is taken the justice or municipal court, before whom the prosecution is pending, shall be entitled to a fee of one dollar and fifty cents for “ taking disclosure.” The city court has jurisdiction of such cases, and the petitionee as state auditor has allowed the petitioner as city judge, for such service, in each case, the sum of one and fifty one-hundredths dollars and refuses to allow three dollars. The petitioner contends that he is entitled to the latter sum, for that the charter granted the city, under which the court is constituted, provides that, “ in all cases * * * * before the city court, the city judge shall be entitled to tax and receive
It is adjudged that a writ of mandamus issue as prayed for in the petition, and that the petitioner recover his costs.