Patton v. State
Supreme Court of Arkansas
APPEAL from Ouachita circuit court. Hon. C. E. Mitchell, Circuit Judge. This is not a case coming under sec. 1, Acts 1875, p. 103. The cost except in equity follow the final judgment. — 1 Ark., 345; 1 Stewart, Ala., 63. Overruling a demurrer not a final order or judgment. — 27 Ark., 113. Costs at law adjudged to winner. — 5 Pick., 259; 16 Am. Dec., 405.
1Opinion of the CourtEnglish, C. J.
Thomas J. Patton was indicted for a misdemeanor in the circuit court of Ouachita county. He filed a demurrer to the indictment which the court overruled and adjudged that he pay all costs in and about the d.emurrer expended.
He then pleaded not guilty, was tried and acquitted, and the final judgment was that he “be discharged and that ■Ouachita county pay all costs'herein expended.”
In taxing up the costs in the case, the clerk taxed defendant with costs on the demurrer to the indictment, $7,30, including a fee of $5 to the prosecuting attorney. Defendant filed a motion to retax the costs,…
2Cited by1 opinion
- Collins v. StateSupreme Court of Arkansas · 1893