Legal Opinion

Eisen v. Multnomah County

Oregon Supreme Court

Decided August 2, 1897PublishedCited by 6 opinions

From Multnomah: Alfred F. Sears, Judge. On September 13, 1896, Wm. T. Eisen was tried for the crime of manslaughter and acquitted, in the Circuit Court of Multnomah County, and subsequently filed a statement of certain costs and disbursements which he claims to have incurred in the trial of such action, and moved the court for judgment against the county therefor.

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From Multnomah: Alfred F. Sears, Judge. On September 13, 1896, Wm. T. Eisen was tried for the crime of manslaughter and acquitted, in the Circuit Court of Multnomah County, and subsequently filed a statement of certain costs and disbursements which he claims to have incurred in the trial of such action, and moved the court for judgment against the county therefor. This motion was denied, whereupon his claim was presented to the county court for allowanee, and, payment being refused, this action was brought to recover the amount thereof. A demurrer to the complaint on the ground that it does…

1Opinion of the CourtJustice Bean

1. The only question for decision is whether a judgment can be awarded against the county for costs and disbursement.in favor of a defendant who has been tried and acquitted on a criminal charge. At common law costs, as such, were unknown, and it is therefore- settled doctrine that a court has no power to award them in favor of a defendant in a criminal action unless the statute has expressly conferred it: 4 Am. and Eng. Enc. Law (1st ed.), 323; 1 Bishop on Criminal Procedure, § 1315; Phillips v. Gaines, 131 U. S. Append, clxix. This rule is not questioned by the plaintiff, but he claims that…

2Cases cited1 opinion

  1. Noyes v. StateWisconsin Supreme Court · 1879

3Cited by6 opinions

  1. State v. PearlWashington Supreme Court · 1931
  2. State v. AmsdenOregon Supreme Court · 1917
  3. State Ex Rel. Hubble v. HubbleOregon Supreme Court · 1929
  4. State Ex Rel. Bassett v. BassettOregon Supreme Court · 1941
  5. State v. HudsonNew Mexico Court of Appeals · 2003

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