Marshall County v. Tidmore
Mississippi Supreme Court
From the circuit court of Marshall county. This cthse originated in the ex parte application of the appellee for an allowance of his fees as a witness for the period of his detention in jail, the whole time being two hundred and three days. The court made an order of allowance upon the county treasury for the sum of $216, in payment of appellee’s claim, whereupon, the county appealed.
Read the full summary
From the circuit court of Marshall county. This cthse originated in the ex parte application of the appellee for an allowance of his fees as a witness for the period of his detention in jail, the whole time being two hundred and three days. The court made an order of allowance upon the county treasury for the sum of $216, in payment of appellee’s claim, whereupon, the county appealed. The motion was tried upon the following agreed statement of facts: “One J. S. Gatlin shot and killed one Ed. West, at Potts Camp, Mississippi, in Marshall county; that the said Tidmore was present, and was an…
1Opinion of the CourtWhitfield, J.
The court erred in allowing appellee the witness’ fees for the time he was confined in jail. The plain declaration of the law (see §§ 1987, 2023-2026, code 1892) is that only the fees prescribed by the statute shall be allowed. The attendance meant by the statute, clearly, is attendance upon the court when in session. Learned counsel for appellee cite two cases (Robinson v. Chambers, 94 Mich., 471, 54 N. W., 176; and Higginson’s case, 1 Cranch C. C., 73, Fed. Cas. No. 6471) which directly support his contention, and two others (Hutchins v. State, 8 Mo., 288, and State v. Stewart, 4 N. C.,…
2Cases cited4 opinions
- Hutchins v. StateSupreme Court of Missouri · 1843
- Robinson v. ChambersMichigan Supreme Court · 1893
- Robinson v. ChambersMichigan Supreme Court · 1893
- Markwell v. Warren CountySupreme Court of Iowa · 1880
3Cited by2 opinions
- Kirke v. Strafford CountySupreme Court of New Hampshire · 1911
- Hubbard v. HemphillMississippi Supreme Court · 1908