Owens v. Maddox

W. T. Maddox, as solicitor-general, filed his petition in Floyd Superior Court for a declaratory judgment, naming D. G. Johnson, sheriff; Melvin Owens, clerk of the superior court; and George S. Reese, a justice of the peace, as defendants, and asking the court to declare the rights of the parties as to costs in a criminal case in which all parties had certain rights as to fees.

The petition alleged: A county policeman swore out a warrant before the defendant Reese, charging J. T. Brown with the offense of possessing and transporting illegal whisky. Pursuant to such warrant Brown was arrested…