Simmons v. State ex rel. Tew

A peremptory writ of mandamus issued against the County Commissioners, ordering the payment of the fee bill of the County Judge on the trial and acquittal of one charged with a violation of the Local Option Law.

The sole basis for the refusal to pay the bill when presented and for bringing the case to this court, is that no insolvent affidavit or bond for cost had been filed with the County Judge, which in the judgment of the County Commissioners was made a prerequisite condition by Chapter 5651, Laws of 1907. This Act reads: “In all cases of Justices of the Peace and County Judges in this…