State ex rel. Stewart v. Wofford
Supreme Court of Missouri
Mandamus. (1) The relator is entitled to the charge of fees made by him under section 11, act of 1891 (Laws, p. 146). See Thomas v. St. Louis Co., 61 Mo. 547. (2) In 1877 the general assembly gave this fee to “sheriffs or other-officers who shall have in custody or under their charge any person undergoing examination preparatory to his commitment,” etc. See Laws of 1877, p. 256. (3) This fee is not given to the arresting officer only.
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Mandamus. (1) The relator is entitled to the charge of fees made by him under section 11, act of 1891 (Laws, p. 146). See Thomas v. St. Louis Co., 61 Mo. 547. (2) In 1877 the general assembly gave this fee to “sheriffs or other-officers who shall have in custody or under their charge any person undergoing examination preparatory to his commitment,” etc. See Laws of 1877, p. 256. (3) This fee is not given to the arresting officer only. The language of the section sufficiently indicates this when it provides that “sheriffs, county marshals or other officers * * * who shall have in custody,”…
1Opinion of the CourtBurgess, J.
On August 26, 1892, at Kansas City, James Nocton was arrested upon a warrant charging him with felony. He was brought before the justice who issued the warrant, and on motion of the prosecuting attorney, the examination was continued until August 30, 1892, and defendant was “committed to await trial.” The cause was continued from time to *223time until November 4, 1892, when it was dismissed. During this time the relator was marshal and jailor of Jackson county, and had the prisoner in his custody and under his care and control.
At the dismissal of the charge by the state, the justice certified…
2Cases cited4 opinions
- Shed v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1878
- Gammon v. Lafayette CountySupreme Court of Missouri · 1882
- Ford v. Kansas City, St. Joseph & Council Bluffs RailroadMissouri Court of Appeals · 1888
- Thomas v. County of St. LouisSupreme Court of Missouri · 1876
3Cited by11 opinions
- Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- State ex rel. Linn County v. AdamsSupreme Court of Missouri · 1903
- Jefferson Bank v. Merchants Refrigrating Co.Supreme Court of Missouri · 1911
- State ex rel. Troll v. BrownSupreme Court of Missouri · 1898
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