State ex rel. Howser v. Oliver
Supreme Court of Missouri
Certified from St. Louis Court of Appeals. (1) The circuit court had no power, authority or jurisdiction to grant said writ. The judge of the criminal court had exercised his judgment and discretion and passed upon said fee bill; if erroneous, that judgment can by proper means be reviewed and corrected in the appellate court, but the circuit court cannot substitute its judgment for the judgment of the judge of the criminal court.
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Certified from St. Louis Court of Appeals. (1) The circuit court had no power, authority or jurisdiction to grant said writ. The judge of the criminal court had exercised his judgment and discretion and passed upon said fee bill; if erroneous, that judgment can by proper means be reviewed and corrected in the appellate court, but the circuit court cannot substitute its judgment for the judgment of the judge of the criminal court. (2) The judge of the criminal court of Greene county is forbidden by law from allowing and certifying fees against the state to witnesses who were not examined in…
1Opinion of the CourtMaceablane, J.
This is a proceeding by mandamus j commenced in the circuit court of Greene county, to compel defendant Oliver, as judge of the ■criminal court of Greene county, to certify to the state auditor the fees of ninety-nine witnesses, who were summoned to attend, and did attend the sitting of said criminal court, in the trial of the case of the State v. Berry, charged with the murder of Kinney, in which the defendant was acquitted.
A demurrer to the alternative writ, on the ground that the statements and allegations thereof did not' authorize its issuance, was overruled and defendant answered,…
2Cases cited4 opinions
- State v. DanielsSupreme Court of Missouri · 1877
- Hoover v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- State ex rel. Campbell v. CramerSupreme Court of Missouri · 1888
- State ex rel. Smith v. County CourtSupreme Court of Missouri · 1884
3Cited by12 opinions
- Pierce County v. MagnusonWashington Supreme Court · 1912
- State ex rel. Keck v. SeibertSupreme Court of Missouri · 1895
- State ex rel. Gumperts v. HigginsMissouri Court of Appeals · 1900
- Trippeer v. CouchOregon Supreme Court · 1923
- State ex rel. Clark v. WestSupreme Court of Missouri · 1917
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