104 Tenn. 529 | Tenn. | 1900
This record presents a question of taxation of costs. In the case of the Louisville & Nashville Railroad Company v. James, Fitzgibbons, et al., land was condemned for the company’^ right of way, and the value of the land was assessed at $2,150, which • sum was paid into the hands of the Clerk of the Circuit Court. The Circuit Judge allowed the Clerk a commission of one per cent, on said amount, amounting to the sum of $27.50. The company moved to retax said costs, and that said commission be disallowed, but the motion was overruled. The company appealed, and assigns this action of the Court as error. It is said the Court allowed the commission under § 6391, Shannon’s Code, viz.: “The Court may make allowances to the Clerk or other person acting as trustee, receiver, or commissioner under the appointment of the Court when no fees are fixed by law.” In this case the Clerk was not acting in the capacity of trustee, receiver, or commissioner under the appointment of the Court when he received this money, but he received it as Clerk. Sec. 1859, Shannon’s Code, under the head of “Condemnation Proceedings,” provides, viz.: “If' no objection is made to the report, it is confirmed by the Court,
The law has nowhere allowed the Clerk a commission in such a case as part of the costs, and
The motion to retax is sustained, and' the commission is disallowed.