State v. Donnell

A charge of passing counterfeit money was preferred against the defendant, Donnell, and was ignored by the grand jury, and the defendant discharged. The court being satisfied from the circumstances in the case that the prosecution was set on foot by one D. Silversmith and Louis Toppe, without probable cause, directed that the costs of the prosecution, assessed at $69,50, should be taxed up and recovered against the said Silversmith and Toppe. After a motion to set aside .this order was overruled, the question of its validity is referred to us by appeal.

The authority for the exercise of-’■such…