Greene v. Smither

Opinion of the Court by

Judge Clarke

Reversing in each case.

The sole question presented by these two appeals is, whether or not a clerk of the circuit court, under section 355, Kentucky Statutes, is entitled to charge and be paid out of the state treasury, twenty-five cents for excusing each person summoned, but not accepted for jury service, upon a special venire ordered by the court.

The section of the statutes referred to provides that circuit clerks shall receive for an “order excusing juror, for each juror excused, except regular panel, twenty-five cents.” It is the claim of appellees that,…