Legal Opinion

Climie v. Appanoose County

Supreme Court of Iowa

Decided October 21, 1904PublishedCited by 3 opinions

Appeal from Appanoose District Court.— Hon. M. A. Roberts, Judge. Plaintiff in this action had been indicted in the district court of Appanoose county, charged with the crime of obtaining money by false pretence. Before trial he presented to the presiding judge of said court an application in writing for an order authorizing witnesses to be subpoenaed in his behalf at the expense of the county.

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Appeal from Appanoose District Court.— Hon. M. A. Roberts, Judge. Plaintiff in this action had been indicted in the district court of Appanoose county, charged with the crime of obtaining money by false pretence. Before trial he presented to the presiding judge of said court an application in writing for an order authorizing witnesses to be subpoenaed in his behalf at the expense of the county. Therein was'set forth the fact that one R. R. Smith, formerly a resident of said county and now a resident of the State of California, was a material witness, and stating, in substance, what facts were…

1Opinion of the CourtBishop, J.

It. is provided by statute that witnesses attending upon a trial in the district court shall receive for each day’s attendance $1.25, and mileage, at the rate of five cents per mile for each mile actually traveled. If the trial attended be a criminal one, and the defendant is adjudged not guilty, the fees of witnesses shall' be paid by the county upon a certificate of the clerk showing the amount of the services to which they are entitled. Code, section 4661. By a later enactment of the General Assembly — now included in Code, section 5492 — and to prevent abuses, it was provided that-…

2Cases cited3 opinions

  1. Casley v. MitchellSupreme Court of Iowa · 1903
  2. Westfall v. Madison CountySupreme Court of Iowa · 1883
  3. Wheelock v. Madison CountySupreme Court of Iowa · 1888

3Cited by3 opinions

  1. Perry v. Howe Co-operative Creamery Co.Supreme Court of Iowa · 1904
  2. McGuire v. Iowa CountySupreme Court of Iowa · 1907
  3. Walker v. BoyleCalifornia Court of Appeal · 1925

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