Action to Recover Money Paid—Illegal Tax upon Estate—Filing op Inventory—Compulsion—Support op Finding—Appeal—Absence op Evidence.—In an action to recover money paid to the county clem as an illegal tax, under compulsion, to secure the filing of an inventory and appraisement of the estate of a deceased person, a finding that the payment was involuntary and compulsory must be held upon appeal to have been sustained by the evidence, in the absence of a bill of exceptions containing the evidence before the court.

Id.—Sufficiency op Complaint—Ultimate and Probative Facts.— Though the allegation in the complaint that the payment was involuntary is of an ultimate fact to be found by the court, upon which the plaintiff’s right of recovery depends, yet the sufficiency of the complaint is to be determined by the probative facts pleaded, which support such ultimate fact.

Id.—Exaction of Illegal Pees as a Condition op Filing Document— Compulsory Payment—Remedy by Mandamus Inadequate.—The exaction by a clerk or other official, against the protest of a party, of illegal fees as a condition of filing a document in his office which such party is entitled to have filed, renders the payment of such fees compulsory, notwithstanding such party could have procured a writ of mandate compelling the officer to file the document without paying the fees demanded. The right to file the document was immediate; and the payment of the fee under the alternative of bringing such action and incurring the expense and delay thereof is not voluntary.

Id.—Action Against City and County—Interest not Allowable Before Judgment.—Where the county clerk had paid the illegal tax exacted into the treasury of the city and county and the action to recover it is against the county, no interest is allowable therein before the entry of judgment.

Id.—Petition to Modify Judgment as to Interest—Point not Urged upon Hearing—Right op Court.—This court has the right to decide any point before the judgment becomes final, and will do so after its opinion has been filed,- affirming the judgment, when its attention- is called to the fact that the judgment upon its face contravenes a statute or a well-established rule of law; and the fact that appellant did not urge upon the hearing of the appeal that the allowance of interest before judgment was improper will not prevent the granting of appellant’s petition to modify the judgment in that respect.