Legal Opinion

Commissioners v. Negbaur

Supreme Court of Kansas

Decided July 15, 1885Published

Error from, Barton District Court. Benjamin Negbaur brought an action in the district court of Barton county against The Board of Commissioners of said county, and in his petition stated: “Comes now the plaintiff, Benjamin Negbaur, and complains of the defendant, the board of commissioners of Barton county, Kansas, saying: That on or about the first day of May, 1879, complaint was made in writing before ~W. H. Odell, justice of the peace of Great Bend township, Barton…

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Error from, Barton District Court. Benjamin Negbaur brought an action in the district court of Barton county against The Board of Commissioners of said county, and in his petition stated: “Comes now the plaintiff, Benjamin Negbaur, and complains of the defendant, the board of commissioners of Barton county, Kansas, saying: That on or about the first day of May, 1879, complaint was made in writing before ~W. H. Odell, justice of the peace of Great Bend township, Barton county, Kansas, charging one C. H. Cason with embezzling the sum of $1,000; that said action was a criminal action in the name…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The claim sued on in this case was for the fees of witnesses for the state in a criminal prosecution in Barton county. C. H. Cason was charged with embezzling the sum of $1,000, and at a preliminary examination béfore a justice of the peace of that county was recognized to the district court to answer the charge, where he was tried at the September term, 1880, and convicted of embezzling $15, for which he was sentenced to pay a fine and the costs of prosecution. As the defendant in that prosecution was unable to pay the costs, the…

2Cases cited4 opinions

  1. State v. O'KaneSupreme Court of Kansas · 1880
  2. State v. GranvilleSupreme Court of Kansas · 1881
  3. Comm'rs of Johnson County v. WilsonSupreme Court of Kansas · 1878
  4. Board of Commissioners v. KeirseySupreme Court of Kansas · 1882

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