State ex rel. Vaughan v. Appleby
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) The liability of the .county to pay costs in criminal cases is strictly a statutory liability, and the question of justice or injustice to the parties claiming costs is not a matter for consideration here.
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Appeal from Greene Circuit Court. — Hon. J. T. Neville, Judge. (1) The liability of the .county to pay costs in criminal cases is strictly a statutory liability, and the question of justice or injustice to the parties claiming costs is not a matter for consideration here. State ex rel. v. Oliver, 116 Mo. 188; Bright v. Pihe County, 69Mo. 519; Person v. Ozarh County, 82 Mo. 491. (2) Statutes providing for the collection of costs in either criminal or civil cases being in derogation of the common law, must be literally and strictly construed. Bing v. Vogel, etc., Co., 46 Mo. App. 374. • (3)…
1Opinion of the CourtMaceablane, J.
This is a proceeding by mandamus commenced in the circuit court of Gtreene county against *410the judges of the county court of that county to compel them to issue warrants for the payment of certain criminal costs duly certified to the court for payment.
Respondents, the judges of the county court, by return, defend their action in refusing to issue the warrants, on the ground that the part of the revenue, apportioned to the contingent fund for the years in which the liability of the county for those costs accrued, has been wholly exhausted.
The circuit court ordered a peremptory writ, and…
2Cases cited1 opinion
- Wilson v. Knox CountySupreme Court of Missouri · 1896
3Cited by8 opinions
- Decker v. DiemerSupreme Court of Missouri · 1910
- State ex rel. Exchange Bank v. AllisonSupreme Court of Missouri · 1900
- State Bank of Miami v. City of MiamiSupreme Court of Oklahoma · 1914
- Dennig v. Swift & Co.Supreme Court of Missouri · 1936
- Fairbanks Co. v. City of SulphurSupreme Court of Oklahoma · 1916
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