Suter v. Stone
Court of Appeals of Kentucky
Case 71 — Action fob Mandamus APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment fob Defendant and Plaintiff Appeals. While there is no specific provision for the payment by the State of the expense of the sheriff in conveying a prisoner from one county to another, in cases of this kind the trend of the several sections, 1728, 356, 354 and 888, indicate that it was the intention of the Legislature; and it seems to be the spirit of the law that all fees and expenses incident to the…
Read the full summary
Case 71 — Action fob Mandamus APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment fob Defendant and Plaintiff Appeals. While there is no specific provision for the payment by the State of the expense of the sheriff in conveying a prisoner from one county to another, in cases of this kind the trend of the several sections, 1728, 356, 354 and 888, indicate that it was the intention of the Legislature; and it seems to be the spirit of the law that all fees and expenses incident to the prosecution and trial of a felony case, as well as that all fees and expenses incurred in maintaining decorum and…
1Opinion of the Court
Opinion of this court by
JUDGE PAYNTER
Affirming.
There was pending in the Carter Circuit Court an indictment charging a certain person with murder. One George Shelton resided in Franklin county, and was summoned as a witness in that proceeding, and, failing to obey the summons, an order was issued by the Garter Circuit Court directing the sheriff of Franklin county to arrest and bring him before the Garter Circuit, which he did. The auditor refusing to issue his warrant for the cost of transportation, this proceeding was instituted to compel him to do so.,
An officer should not be compelled to…
2Cited by6 opinions
- Mills v. LantripCourt of Appeals of Kentucky · 1916
- City of Fulton v. ShanklinCourt of Appeals of Kentucky (pre-1976) · 1938
- Graves County v. WallaceCourt of Appeals of Kentucky · 1911
- McNally, Etc. v. Grauman, Etc., Jefferson Cty.Court of Appeals of Kentucky (pre-1976) · 1934
- Grinstead v. CarterCourt of Appeals of Kentucky · 1918
1 more not listed; retrieve them via the Exa API.