State v. Gray
Supreme Court of Iowa
Appeal from Dvrm District Oowrt. This is an appeal from the decision of' the district court on a motion made by the defendant to set aside the execution and cancel the judgment. The court overruled the motion, and the defendant appeals.
1Opinion of the CourtCole, J.
On the 16th day of November, 1866, the defendant, Daniel Gray, was, by the district court of Linn county adjudged to pay a fine of $200 and the costs of the proceeding. As soon as the judgment was pronounced, the defendant, who was within the bar, was, pursuant to a verbal order of the court, taken into custody by the sheriff, and upon paying the amount of the fine to the sheriff, was discharged from custody — all this occurred before the costs were taxed or the clerk had time to tax them, and no costs or fees were demanded of the defendant before his discharge from custody by the sheriff.
On…
2Cases cited1 opinion
- Lathrop v. BriggsNew York Supreme Court · 1828
3Cited by1 opinion
- LaRue v. BurnsSupreme Court of Iowa · 1978