Vise v. County of Hamilton
Illinois Supreme Court
APPEAL EROM HAMILTON. Appellants were appointed by the Circuit Court of Hamilton county to defend a criminal indicted for “ forgery,” who desired counsel, and was unable to employ any, for his defense. At the subsequent term of the County Court of Hamilton county, the appellants laid in a claim of twenty dollars each, against the county, as a fee for defending said criminal, which the court refused to allow.
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APPEAL EROM HAMILTON. Appellants were appointed by the Circuit Court of Hamilton county to defend a criminal indicted for “ forgery,” who desired counsel, and was unable to employ any, for his defense. At the subsequent term of the County Court of Hamilton county, the appellants laid in a claim of twenty dollars each, against the county, as a fee for defending said criminal, which the court refused to allow. An agreed case was made out and sent up to the Circuit Court, showing that the appellants were regularly-appointed by the court to defend, as aforesaid, and also that the services were…
1Opinion of the CourtSkinner, J.
The plaintiffs below, being attorneys of the court, were appointed by the Circuit Court of Hamilton county to defend a person indicted for forgery, and unable to employ counsel. They entered upon the conduct of the- defense, and their services rendered are proved worth twenty dollars, for which they seek to charge the county. The county was not a party to the prosecution, and had no authority or control in the matter, nor did the county employ the plaintiffs to perform the services. There can, therefore, be no assumpsit in law on the part of the county to pay what the services were worth. The…
2Cited by26 opinions
- Betts v. BradySupreme Court of the United States · 1942
- United States v. Edward J. Dillon, Petition of Manley B. StrayerCourt of Appeals for the Ninth Circuit · 1965
- Melvin Leroy Tyler v. Warden Lark Norton Y. Beilenson v. Treasurer of the United StatesCourt of Appeals for the Eighth Circuit · 1973
- The PEOPLE v. McGuireIllinois Supreme Court · 1966
- Miller v. PeopleIllinois Supreme Court · 1866
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