Legal Opinion

Carpenter v. People

Illinois Supreme Court

Decided December 15, 1846PublishedCited by 2 opinions

Motion to quash a fee bill, issued by the Clerk of this Court for his fees on a writ of error prosecuted by one contacted in a criminal case in the Circuit Court. The judgment of the Court below was reversed, and the question arose here as to his liability for the costs which he had made.

1Opinion of the Court

The Opinion of the Court was delivered by

Treat, J.

A judgment against Carpenter, on a conviction for a criminal-offence, was reversed in this Court. The elerk has issued a fee bill for the costs made by Carpenter in the prosecution of the writ of error. A motion is made to quash the process, on the ground that he is not-liable for the costs. - The general principle on the subject of costs is, that the party who requires an officer to perform services, for which compensation is allowed, is, in the first instance, liable therefor. In legal contemplation, he pays the costs as they accrue. On this…

2Cited by2 opinions

  1. People v. FoxAppellate Court of Illinois · 1972
  2. Mariner v. MackeySupreme Court of Kansas · 1881

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