Dent & Magruder v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This was a motion in the court below to quash an execution and re-tax costs.
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Appeal from the Circuit Court of Macon. Tried before the Hon. Robert Dougherty. This was a motion in the court below to quash an execution and re-tax costs. At the fall term, 1866, of the said court, William R. Magruder and George W. Dent (the appellants) were jointly indicted for selling vinous or spirituous liquors without license, and at the fall term, 1867, they were tried and convicted, and fined fifty dollars, and a judgment rendered against them for this amount, together with the costs. On the 4th November, 1867, the clerk issued an execution on this judgment for the costs, and taxed…
1Opinion of the CourtByrd, J.
1. The action of the inferior courts on motions to re-tax costs, when not discretionary, is reviewable.— Weisinger v. The State, 11 Ala. 540; Porter v. Wiliams, 22 Ala. 526.
*5152. Costs are penal, (Code, § 3534,) and statutes allowing them, are construed strictly. — Lee v. Smyley, 16 Ala. 773. The Code of 1853 gave a tax fee to the State’s attorney, to be “ collected from each defendent,” on conviction. The Penal Code (§ 792, Eevised Code, 4343,) gives a tax fee “ for each conviction,” to be taxed against the defendant on conviction.
In this case the indictment, conviction and judgment, are against…
2Cases cited5 opinions
- Pike v. BrightSupreme Court of Alabama · 1856
- Lee v. SmyleySupreme Court of Alabama · 1849
- AnonymousSupreme Court of Alabama · 1829
- Weissinger v. StateSupreme Court of Alabama · 1847
- Woodruff v. StateIndiana Supreme Court · 1857
3Cited by12 opinions
- Gehrke v. GehrkeIllinois Supreme Court · 1901
- Tillman v. WoodSupreme Court of Alabama · 1877
- Newman v. StateSupreme Court of Alabama · 1909
- Northern v. HannersSupreme Court of Alabama · 1898
- Rome & Decatur Railroad v. SibertSupreme Court of Alabama · 1892
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