State v. Menhart
Supreme Court of Kansas
Error from Bourbon District Court. Menhart filed an affidavit before a justice of the peace ■charging one J. R. with having threatened to commit injuries to the person of complainant. The proceedings were under ¡art. 2 'of the criminal code. R. was arrested, examined, and «discharged; and the justice thereupon adjudged Menhart liable ifor the costs of the proceeding, taxed the costs against him, ¡and gave judgment therefor.
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Error from Bourbon District Court. Menhart filed an affidavit before a justice of the peace ■charging one J. R. with having threatened to commit injuries to the person of complainant. The proceedings were under ¡art. 2 'of the criminal code. R. was arrested, examined, and «discharged; and the justice thereupon adjudged Menhart liable ifor the costs of the proceeding, taxed the costs against him, ¡and gave judgment therefor. Menhart took the case to the (district court by petition in error, and said court, at the June Term 1871 reversed the judgment of the justice, and1 adjudged the costs…
1Opinion of the Court
The opinion of the coui't was delivered by
Kingman, C. J.:
Is the complaining witness in a proceeding to prevent the commission of an offense under aft. 2, ch. 82, Gen. Stat., 821, liable for the costs in a case' where the justice holds that there is no cause for binding over the accused ? The witness is not a party to the proceeding.. If he is liable for the costs it must be by virtue of some statute. The one referred to as creating the liability is the first proviso to § 13 of the act relating to fees, (ch. 39, Gen. Stat., 481.) That section provides that where a person is charged with a…
2Cited by6 opinions
- State v. CampbellSupreme Court of Kansas · 1878
- In re Mitchell for a writ of Habeas CorpusSupreme Court of Kansas · 1888
- Foss v. JonesSupreme Court of Kansas · 1890
- In re StonebergerSupreme Court of Kansas · 1884
- State v. DeanSupreme Court of Kansas · 1880
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