State ex rel. Allen v. Walker
Supreme Court of Missouri
Mandamus. The application of the act of 1883 to this case, would not make it retrospective in its operation. Criminal costs are to be taxed and paid under the law in force when the bill is certified and as of that date. State ex rel. Brown v. Holladay, 70 Mo. 137; Lucas Bank v. King, 73 Mo. 590. The act of the legislature of March 8th, 1883, amending Eevised Statutes 1879, section 2093, should not be construed retrospectively. Cooley’s Const.
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Mandamus. The application of the act of 1883 to this case, would not make it retrospective in its operation. Criminal costs are to be taxed and paid under the law in force when the bill is certified and as of that date. State ex rel. Brown v. Holladay, 70 Mo. 137; Lucas Bank v. King, 73 Mo. 590. The act of the legislature of March 8th, 1883, amending Eevised Statutes 1879, section 2093, should not be construed retrospectively. Cooley’s Const. Lim., § 370; State ex rel. v. State Auditor, 52 Mo. 578; State ex rel. v. State Auditor, 41 Mo. 25 ; Sayes v.Wisner, 8 Wend. 661; Brown v. Wilcox, 14 S.…
1Opinion of the CourtHenry, J.
This is a proceeding by mandamus to compel the State Auditor to allow and audit an account for $36, for boarding and lodging a jury empanneled to try the case of the State v. Michael Miller. Miller was indicted in the circuit court of Crawford county, and at the September term of said court, 1882, a change of venue was awarded, and the case was sent to Phelps county. At the Eebruary term, 1883, of the circuit court of that county, there was a mistrial, and the account in question was for boarding and *612lodging of the jury then empanneled to try the cause. At an adjourned term of said court,…
2Cases cited3 opinions
- State ex rel. Blakeman v. HaysSupreme Court of Missouri · 1873
- State ex rel. Parker v. ThompsonSupreme Court of Missouri · 1867
- State ex rel. Brown v. HolladaySupreme Court of Missouri · 1879
3Cited by2 opinions
- State ex rel. Houser v. OliverMissouri Court of Appeals · 1892
- State ex rel. Troll v. BrownMissouri Court of Appeals · 1898