McDonald v. Cruzen
Oregon Supreme Court
Appeal from, Douglas County. Appellant was prosecuting witness in a preliminary examination of persons charged with felony, before respondent, a justice of the peace, August 25th, 1865, and on the dismissal of the persons so charged', judgment was rendered against appellant for costs, &c.
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Appeal from, Douglas County. Appellant was prosecuting witness in a preliminary examination of persons charged with felony, before respondent, a justice of the peace, August 25th, 1865, and on the dismissal of the persons so charged', judgment was rendered against appellant for costs, &c. The justice then threatened to issue an execution, unless the costs, &c., amounting to $129.85, were immediately paid; and the constable took into his possession, then and there, property belonging to appellant, and refused to deliver it up unless appellant would pay such costs to the justice. Appellant,…
1Opinion of the Court
By the Court.
There is no authority given by the laws of Oregon under which a justice of the peace might, for any cause, render a judgment against a prosecuting witness in the *260preliminary examination of a person charged with crime for the costs and disbursements of the proceeding. That authority is only given to such officer in cases where a criminal action is entertained by him and proceeds to final determination;
The judgment in that case was wholly void.
We think there is sufficient set forth in the complaint below to require an answer, and the judgment will be reversed.
Upon, the matter of…
2Cited by7 opinions
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Coblentz v. State Industrial Accident CommissionOregon Supreme Court · 1955
- Aiken v. City of ColumbusIndiana Supreme Court · 1906
- Lundgren v. CuppCourt of Appeals of Oregon · 1969
- Holder v. HarrisOregon Supreme Court · 1927
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