Houston v. the Levy Court

Superior Court of Delaware

Houston v. the Levy Court

5 Del. 108

Superior Court of Delaware·Decided July 5, 1848·Published

Opinion

The Court

discharged the rule, it appearing to the court that this whole claim had been before the Levy Court, and that they had *109 allowed $704 94, to the relator for his services as clerk of the Levy Court, and also as clerk of the peace; which sum exceeds the amount of any demand he had against them, for which the compensation is fixed by law. It appearing, therefore, to the court that the residue of the services were such as that the allowance for them was discretionary, and that a sum had been allowed towards that, the relator’s counsel did not think proper to go further into the case, and the court

Discharged the rule.

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The Court

discharged the rule, it appearing to the court that this whole claim had been before the Levy Court, and that they had *109 allowed $704 94, to the relator for his services as clerk of the Levy Court, and also as clerk of the peace; which sum exceeds the amount of any demand he had against them, for which the compensation is fixed by law. It appearing, therefore, to the court that the residue of the services were such as that the allowance for them was discretionary, and that a sum had been allowed towards that, the relator’s counsel did not think proper to go further into the case, and the court

Discharged the rule.

Houston v. the Levy Court, 5 Del. 108 (Del. Ct. App. 1848).

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