Board of Supervisors v. Van Liew
Michigan Supreme Court
Error to Missaukee; Chittenden, J. Assumpsit by the board of supervisors of Missaukee county against George Van Liew for certain fees and costs in criminal proceedings instituted by defendant. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff instituted this suit in justice’s court to recover certain fees and costs expended by the sheriff of the county in a criminal prosecution upon a complaint made by the defendant.
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Error to Missaukee; Chittenden, J. Assumpsit by the board of supervisors of Missaukee county against George Van Liew for certain fees and costs in criminal proceedings instituted by defendant. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error. Plaintiff instituted this suit in justice’s court to recover certain fees and costs expended by the sheriff of the county in a criminal prosecution upon a complaint made by the defendant. The action is in assumpsit. Plaintiff recovered in the justice’s court a judgment for $243. Upon appeal the circuit…
1Opinion of the CourtGrant, J.
{after stating the facts).
1. The liability of the defendant is based upon 3 Comp. Laws, § 12014, which reads as follows: , .
“ That in all prosecutions for any crime or misdemeanor, when the prosecution is at the instance of a-private person, and not of some public officer or of the grand jury, such person shall give security for costs, and if the defendant or prisoner be discharged on examination by such magistrate, or acquitted on trial, or a nolle prosequi be entered on the indictment by order of the court before which it may be pending, the prosecutor shall pay all costs which shall have…
2Cases cited3 opinions
- People v. GriswoldMichigan Supreme Court · 1887
- Sunderlin v. Board of Supervisors of Ionia Co.Michigan Supreme Court · 1899
- Hutchinson v. Board of Supervisors of Ionia Co.Michigan Supreme Court · 1902
3Cited by3 opinions
- Walker v. PeopleSupreme Court of Colorado · 1918
- People v. CarterMichigan Supreme Court · 1967
- People v. CarterMichigan Supreme Court · 1967