Jackson v. Loftin
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Charles Coffin, Judge; A county is not liable for costs accrued in prosecuting misdemeanor cases in justice of the peace courts on information, where the defendants are acquitted.
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Appeal from Jackson Circuit Court; Charles Coffin, Judge; A county is not liable for costs accrued in prosecuting misdemeanor cases in justice of the peace courts on information, where the defendants are acquitted. The right to recover costs rests upon statutes only. 60 Ark. 194; 95 Ark. 85; 32 Ark. 51, 52; 25 Ark. 235; Kirby’s Digest, § 1458; 56 Ark. 581; 57 Ark. 487; 64 Ark. 203; 23 Ark. 540; 39 Ark. 291; 46 Ark. 147. Since under the statute the justice of the peace must proceed with a case when the prosecuting attorney files information, and since in all other misdemeanor prosecutions he…
1Opinion of the CourtWood, J.
The question on this appeal is: “Are counties liable for costs in misdemeanor cases tried in justices’ courts where the defendants are acquitted?”
This court held in Wilson v. Fussell, 60 Ark. 194: “That the right to recover costs did not exist at common law. It rests upon statute only, and it is to the statute we must look for the authority to recover costs in any given case. ” See also Buckley v. Williams, 84 Ark. 187; Buchanan v. Parham, 95 Ark. 81.
The appellee contends that he is entitled to his costs under section 6338 of Kirby’s Digest, giving authority to the prosecuting attorney in…
2Cases cited7 opinions
- Cole v. White CountySupreme Court of Arkansas · 1877
- Buchanan v. ParhamSupreme Court of Arkansas · 1910
- Logan County v. TrimmSupreme Court of Arkansas · 1893
- Wilson v. FussellSupreme Court of Arkansas · 1895
- Logan County v. RoadySupreme Court of Arkansas · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- De Votie v. CameronSupreme Court of Iowa · 1936