Morgan v. Pickard
Tennessee Supreme Court
PROM DAVIDSON. Appeal in error from Circuit Court of Davidson County. W. K. McAlister, J. Petition for writ of mandamus to compel tbe Comptroller to draw bis warrant on tbe State Treasury for a certified bill of costs in a felony case. Tbe costs involved accrued, on bebalf of tbe State, in tbe prosecution of one Cooper, before a Justice, for a felony.
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PROM DAVIDSON. Appeal in error from Circuit Court of Davidson County. W. K. McAlister, J. Petition for writ of mandamus to compel tbe Comptroller to draw bis warrant on tbe State Treasury for a certified bill of costs in a felony case. Tbe costs involved accrued, on bebalf of tbe State, in tbe prosecution of one Cooper, before a Justice, for a felony. Tbis prosecution was dismissed by tbe Justice, as frivolous and malicious, and tbe prosecutor, Click, taxed witb all tbe costs. After execution against tbe prosecutor for these costs bad been returned nulla bona, tbe Justice filed all tbe papers…
1Opinion of the CourtLurtoN, J.
State not taxable with these costs.
First — The recovery of costs is given by statute, and unless there be some law authorizing it, the Court cannot give costs against any one. The State cannot be taxed with costs of a criminal proceeding unless there be express statutory authority. Neither implication or conjecture will justify it. Prince v. State, 7 Hum., 137; Tucker v. State, 2 Head, 556; State v. Womack, 1 Lea, 559.
Where a prosecution for a felony has been dismissed by a Justice, and he. taxes ' the prosecutor with the costs, as authorized by Sections 6457 and 6458, Code (M. & V.), there…
2Cited by6 opinions
- Martin v. StateTennessee Supreme Court · 1928
- Dietler v. KincannonTennessee Supreme Court · 1924
- Brown v. Crystal Ice Co.Tennessee Supreme Court · 1909
- Reagan v. Fentress CountyTennessee Supreme Court · 1935
- Johnson v. StateTennessee Supreme Court · 1895
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