McArthur v. Artz

Two prosecutions, one to keep the peace, and one for disorderly conduct, were instituted against the appellee before a justice of the peace in Mercer County. He was arrested on both charges, and compelled by the decision of the justice to-give bond and pay the costs in the one instance, and fined in the other. He took an appeal to the Circuit Court. The-papers were sent up by the justice to the clerk of the Circuit Court. The latter refused to docket the cases in the Circuit Court, unless his fees were advanced, as is the usual practice-in civil cases. Thereupon Artz, by his attorneys, moved…