State v. Wood
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) It must be conceded that the appellant can not be held for the costs of the prosecution in this case unless his liability is fixed by some positive statute. No such liability existed at common law and the act of filing the complaint or making the affidavit on which the prosecution was based in this cause created no contractual liability.
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Appeal from Monroe Circuit Court. — Eon. David E. Eby, Judge. (1) It must be conceded that the appellant can not be held for the costs of the prosecution in this case unless his liability is fixed by some positive statute. No such liability existed at common law and the act of filing the complaint or making the affidavit on which the prosecution was based in this cause created no contractual liability. State v. Lavelle, 78 Mo. 104. And such statutes must have been in force at the time appellant filed the complaint or made the affidavit. State v. Berry, 25 M'o. 355; 11 Cyc. p. 270 and note 35.…
1Opinion of the CourtBland, P. J.
Thomas O. Meals, appellant, on June 16, 1897, made and filed an affidavit before George W. Farrell, a justice of the peace in Monroe county, charging Walter Wood and Diclc Combs with the offense of wilfully disturbing the peace of one Aubrey Meals, by cursing and swearing and by loud and unusual noise, by quarreling and fighting. The prosecuting attorney of Monroe county filed an information based upon the *645affidavit. The appellant indorsed this information as prosecuting witness. Walter Wood wasi arrested by the constable, brought before the justice of the peace and put upon his trial, which…
2Cases cited6 opinions
- State v. LavelleSupreme Court of Missouri · 1883
- State ex rel. Smith v. HodgesMissouri Court of Appeals · 1893
- State v. HuiattMissouri Court of Appeals · 1888
- State v. MolesSupreme Court of Missouri · 1846
- State ex rel. Kleinsorge v. BanteMissouri Court of Appeals · 1889
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