Board of Commissioners v. Keirsey
Supreme Court of Kansas
Error from Labette District Court. At the November Term, 1881, of the district court,- E. D. Keirsey and others recovered judgment against the Board?of County Commissioners, upon claims for fees as officers, witnesses and jurors in a misdemeanor case, tried before a justice of the peace.
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Error from Labette District Court. At the November Term, 1881, of the district court,- E. D. Keirsey and others recovered judgment against the Board?of County Commissioners, upon claims for fees as officers, witnesses and jurors in a misdemeanor case, tried before a justice of the peace. The following is the agreed statement of facts: “That the claims of said plaintiffs are for fees as justices of the peace, constables, and witnesses, jurors, and sheriff, properly charged and accrued under the provisions of chapter 39 of the General Statutes of the state of Kansas, and chapter 108 of the…
1Opinion of the Court
*42The opinion of the court was delivered by
Horton, C. J.:
Prior to the convening of the legislature of 1881, §19, ch. 39 Gen. Stat. 1868, fixing the fees of certain officers and persons therein named, read:
“In all cases where the fees prescribed by this act, in criminal cases, for the sheriff and clerk, are not paid by the defendant or the prosecuting witness, they shall be paid by the county in which the criminal prosecution is instituted :■ Provided, That no such fees.shall be paid by the board of county commissioners before the next term after conviction, and not until the sheriff and clerk…
2Cases cited3 opinions
- State v. CampbellSupreme Court of Kansas · 1878
- Comm'rs of Johnson County v. WilsonSupreme Court of Kansas · 1878
- Board of Commissioners v. HonnSupreme Court of Kansas · 1880
3Cited by2 opinions
- Keirsey v. Board of CommissionersSupreme Court of Kansas · 1883
- Commissioners v. NegbaurSupreme Court of Kansas · 1885