Herrn v. Sharp County ( 1906 )

Hill, C. J.,

(dissenting.) The fee should follow the office. The statute contemplates and provides for a fee to the prosecuting attorney when he secures a judgment and another when that Judgment is collected. The fee is a perquisite of the office and a method of recompensing the officer for his public services, and inheres to the office and not to the officer.

Mr. Justice Wood, concurs in this dissent. ■