Boggs v. Board of Commissioners
Nebraska Supreme Court
Error to the district court of Washington county, the same having been brought on appeal from an order of the defendant in error, disallowing the claim of plaintiff, who as an officer had served process and performed other service in and about the arrest of certain persons charged with having committed the crime of “ willfully and maliciously destroying property.” Upon a hearing before Savage, J., the order of disallowance was affirmed.
1Opinion of the CourtLake, J.
It is made very clear by the testimony taken in the district court that the offense complained of before the justice of the peace, in the prosecution of which the costs in question accrued, was in reality but a mere misdemeanor, and not a felony. In such cases it is not the policy of our law that the costs be paid by the county except as provided in section 541 of the criminal code. Gen. Stat., 842.
It is true that the complaint on which the prosecution was based charged a felony; but that is not conclusive on the question of the liability of the county for the costs. Section 536 of the…
2Cited by6 opinions
- State ex rel. Baughn v. UreNebraska Supreme Court · 1912
- State ex rel. Churchill v. BemisNebraska Supreme Court · 1895
- State Ex Rel. Douglas v. GradwohlNebraska Supreme Court · 1975
- Ex parte ThomasonNebraska Supreme Court · 1884
- County of Dodge v. GreggNebraska Supreme Court · 1883
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