Legal Opinion

Hill v. Butler County

Supreme Court of Missouri

Decided March 30, 1906PublishedCited by 14 opinions

Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. In addition to the salary based upon the population of his county, the prosecuting attorney shall also receive for his services in the circuit and other courts such fees as are allowed by law.

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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. In addition to the salary based upon the population of his county, the prosecuting attorney shall also receive for his services in the circuit and other courts such fees as are allowed by law. Sec. 4949', R. S. 18991. The prosecuting attorney “shall also attend and prosecute, on behalf of the State, all cases before justices of the peace when the State is made a party thereto;”which -undoubtedly includes preliminary examinations, hut no provision is here made for a fee for the prosecuting attorney for his services in such cases. See.…

1Opinion of the CourtValliant, J.

—While plaintiff was prosecuting attorney for Butler county he attended eighteen preliminary examinations in felony cases before justices of the peace and presented his bill for services in those cases to the county court for ninety dollars, being five dollars for each case. The county court disallowed the bill, and the plaintiff appealed to the circuit court where a trial was had and judgment rendered for the plaintiff, from which judgment the county prosecutes this appeal.

*514I. The ease comes here on a short transcript which shows the judgment and order allowing the appeal. There is in the…

2Cited by14 opinions

  1. Stark v. ZehnderSupreme Court of Missouri · 1907
  2. In re KeenanMassachusetts Supreme Judicial Court · 1934
  3. Coleman v. RobertsSupreme Court of Missouri · 1908
  4. State ex rel. Wayne County v. WoodsSupreme Court of Missouri · 1911
  5. State v. GeorgeSupreme Court of Missouri · 1909

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