City of Owensboro v. McFall

Opinion by Chief

Justice Hobson-

Sustaining motion, to set aside judgment for costs.

Section 3366, Ky. Stats., provides:

“In prosecutions and proceedings in the police court and in.appeals therefrom the city shall not he liable for costs unless the same be collected in money and paid into the city treasury.”

This was a. prosecution begun in the police court for a violation of a city ordinance and the defendant was ácquitted. The city is not liable for cost either in the police court or on appeal. In 11 Cyc, 278, the rule is thus stated:

/ “A city, town or village is never liable for costs of…