Board of Commissioners v. Blake

Alexander Blake filed a claim with the Board of Commissioners of Miami county asking that it be allowed by said commissioners, which claim embraced the costs in criminal cases disposed of by nolle prosequi while he was clerk.

The commissioners refused to allow the claim. Blake appealed to the Circuit Court. That Court allowed him the amount of costs in the cases thus disposed of prior to the act of 1861, to which we shall refer, but refused to allow him the amount of those so disposed of after that act became a law.

If the clerk can compel an allowance of payment of the costs in question, it is…