Legal Opinion

Cook v. Multnomah County

Oregon Supreme Court

Decided July 15, 1879PublishedCited by 2 opinions

Appeal from Multnomah County. The appellant presented the following bill to the county court for holding an inquest: Holding inquest, five dollars, summoning jurors, five dollars; swearing jurors, sixty cents; summoning and swearing nine witnesses, seven dollars and fifty cents; deposition of fourteen folios, three dollars^ and fifty cents; mileage, twenty cents; bringing corpse to morgue, three dollars.

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Appeal from Multnomah County. The appellant presented the following bill to the county court for holding an inquest: Holding inquest, five dollars, summoning jurors, five dollars; swearing jurors, sixty cents; summoning and swearing nine witnesses, seven dollars and fifty cents; deposition of fourteen folios, three dollars^ and fifty cents; mileage, twenty cents; bringing corpse to morgue, three dollars. The county court refused to allow the item of five dollars for summoning a jury, but allowed two dollars and twenty cents for such service. The rest of the bill was allowed. A writ was…

1Opinion of the Court

By the Court,

Boise, J.:

The question presented in this case must be determined by the construction of certain sections of the statute. Section 5, on page 608, -which provides that the coroner’s fee for taking an inquest concerning the death or wounding of any person, shall be five dollars, has reference to his service for holding the inquest; that is, for presiding at and conducting the inquest, and does not include his services or expenses in summoning a jury, or witnesses. When he summons a jury or witnesses, he does it in his capacity as coroner, and not as sheriff, for he only acts as…

2Cited by2 opinions

  1. Flagg v. Columbia CountyOregon Supreme Court · 1908
  2. Pruden v. Grant CountyOregon Supreme Court · 1885

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