Legal Opinion

County Commissioners v. Howell

Supreme Court of Florida

Decided January 15, 1906PublishedCited by 4 opinions

This case was decided by Division B. Writ of Error to the Circuit Court for DeSoto County- STATEMENT. On March 18th, 1905, upon the relation of A. U. Howell the defendant in error, an alternative writ of mandamus was issued in the Circuit Court of DeSoto county against the Board of County Commissioners of DeSoto county, wherein it is in substance alleged that relator is a citizen of Florida, and that on the 11th day of February, 1905, he was defendant in a criminal cause…

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This case was decided by Division B. Writ of Error to the Circuit Court for DeSoto County- STATEMENT. On March 18th, 1905, upon the relation of A. U. Howell the defendant in error, an alternative writ of mandamus was issued in the Circuit Court of DeSoto county against the Board of County Commissioners of DeSoto county, wherein it is in substance alleged that relator is a citizen of Florida, and that on the 11th day of February, 1905, he was defendant in a criminal cause pending on affidavit made and filed in the County Judge’s Court of said county changing him with a violation of section…

1Opinion of the Court

Hocker, J.,

(after stating the facts.) Section 9, Article NYI of the Constitution of 1885, as amended in 1894 reads as follows: “In all criminal cases prosecuted in the name of the State when the defendant is insolvent, or discharged, the legal costs and expenses, including the fees of officers, shall be paid by the counties where the crime is committed, under such regulations as shall be prescribed by law; and all fines and forfeitures collected under the penal laws of the State shall be paid into the County Treasuries of the respective counties as a general county fund to be applied.to…

2Cases cited2 opinions

  1. Florida Central & Peninsular Railroad v. State ex rel. MayorSupreme Court of Florida · 1893
  2. Buckman v. AlexanderSupreme Court of Florida · 1888

3Cited by4 opinions

  1. Warren v. CapuanoDistrict Court of Appeal of Florida · 1972
  2. Warren v. CapuanoSupreme Court of Florida · 1973
  3. Gunning v. Board of County CommissionersSupreme Court of Kansas · 1910
  4. Troxell v. County of UnionAppellate Court of Illinois · 1911

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