Chatters v. Board of Supervisors
Mississippi Supreme Court
From the circuit court of the second district of Coahomacounty. Hon. R. W. Williamson, Judge. Petition by appellant, clerk of the circuit court, for mandamus to compel the defendant board of supervisors to allow and to direct the issuance of its warrant in payment of, an account allowed by the circuit court, one of the items of which was a charge of $150 for his fees in state cases where the state failed in the prosecution.
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From the circuit court of the second district of Coahomacounty. Hon. R. W. Williamson, Judge. Petition by appellant, clerk of the circuit court, for mandamus to compel the defendant board of supervisors to allow and to direct the issuance of its warrant in payment of, an account allowed by the circuit court, one of the items of which was a charge of $150 for his fees in state cases where the state failed in the prosecution. A demurrer by defendants, the grounds of which are indicated in the opinion, was sustained,, and the petitioner appealed. The statute under which the $150 was allowed by…
1Opinion of the CourtWhitfield, J.
So far as the allowance of $150 “in cases in which the state failed in the prosecution,” etc., provided for by § 1996, code 1892, is concerned, it is sufficient to say that no “itemized account of the fees in each case ’ ’ is averred to have been presented to the circuit court or to the board of supervisors. Even if the averment that the allowance was legally made could be' treated as involving the averment that an itemized account was presented to the circuit court, it would remain true that no averment of presentation of such account to the board of supervisors appears, and, whether the…
2Cases cited3 opinions
- School District No. 11 v. LauderbaughSupreme Court of Missouri · 1883
- Honea v. Board of SupervisorsMississippi Supreme Court · 1885
- Carter v. . BeckwithNew York Court of Appeals · 1880