Legal Opinion

Case v. Board of County Commissioners

Supreme Court of Kansas

Decided May 15, 1868PublishedCited by 15 opinions

Error from Shawnee County. The facts of the case appear in the opinion of the court. submitted: Sec. 2 of an act relating to the organization of courts (Comp. L., 454), provides that the £ ‘ district courts shall have full power * * * to assign * * attorneys to prisoners who may be unable to employ counsel.” The jurisdiction of the court is unlimited, and its proceedings will be presumed regular. In assigning counsel, in a proper case, it only performs a duty.

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Error from Shawnee County. The facts of the case appear in the opinion of the court. submitted: Sec. 2 of an act relating to the organization of courts (Comp. L., 454), provides that the £ ‘ district courts shall have full power * * * to assign * * attorneys to prisoners who may be unable to employ counsel.” The jurisdiction of the court is unlimited, and its proceedings will be presumed regular. In assigning counsel, in a proper case, it only performs a duty. Sec. 139 of the Crim. Code (Comp. L., 257) still more directly imposes the same duty upon the court. See, also, §10, Bill Rts., St.…

1Opinion of the Court

By the Court,

King-man, C. J.

An agreed case was submitted to the district court of Shawnee county, in which the facts were briefly these: The plaintiff in error had been appointed to defend a man charged with larceny, and had performed *513Ms duty as such attorney. The case was such an one . as authorized the' district court ‘to make the appoint-. ment, and the plaintiff was duly qualified to act. After the performance of the duty to which he was appointed, the district court made an allowance of $15 for his services. The county board refused to allow the claim. The plaintiff appealed to the…

2Cases cited2 opinions

  1. Webb v. BairdIndiana Supreme Court · 1854
  2. Carpenter v. County of DaneWisconsin Supreme Court · 1859

3Cited by15 opinions

  1. Mallard v. United States Dist. Court for Southern Dist. of IowaSupreme Court of the United States · 1989
  2. United States v. Edward J. Dillon, Petition of Manley B. StrayerCourt of Appeals for the Ninth Circuit · 1965
  3. Melvin Leroy Tyler v. Warden Lark Norton Y. Beilenson v. Treasurer of the United StatesCourt of Appeals for the Eighth Circuit · 1973
  4. State Ex Rel. Scott v. RoperSupreme Court of Missouri · 1985
  5. Weiner v. Fulton CountyCourt of Appeals of Georgia · 1966

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