State v. Verwayne
Supreme Court of Iowa
Appeal from Lee District Court. The defendants were indicted and convicted for keeping and maintaining a nuisance. There was a jury trial in each case, and the time occupied in each case was three hours. The clerk taxed in each case a jury fee of $24.00. The defendants filed a motion to retax the costs. The court overruled the motion. Defendants appeal. -
1Opinion of the CourtAdams, J.
l. practice: coste, juiy That the law allowing a jury fee of $24.00 per day to be taxed as a part of the costs of a case is not unconstitutional, was held in Steele v. Central R. R. Co. of Iowa, 43 Iowa, 109, and in cases cited therein. Whatever might be the rule as to taxing in each case a pro rata part of the $24.00 where two or more cases are tried in one day, we think the full $24.00 should be taxed if only one case is tried in a day, even if the whole day is not consumed. Whether more than one case was tried upon the day on which either of the present cases was tried does not appear from…
2Cases cited1 opinion
- Steele v. Central RailroadSupreme Court of Iowa · 1876
3Cited by3 opinions
- Henderson v. State ex rel. StoutIndiana Supreme Court · 1894
- State v. BasingerSupreme Court of Iowa · 2006
- State Of Iowa Vs. William Basinger, Frank Cordaro, Carla Dawson, Gilbert Dawes, Jeanne Firth, Fran Fuller, James Johnson, Jane Magers, Michael Schorsch, Marian Soloman, Brian Terrell, Carolyn Walker, And Elton DavisSupreme Court of Iowa · 2006