State v. Harlow
Supreme Judicial Court of Maine
Exceptions from the Westera District Court, Coodeitow J. presiding. This is scire facias, sued out upon a recognizance, entered into by the defendant to prosecute an appeal taken from the judgment of a justice of the peace in a criminal proceeding. The writ and recognizance were adjudged bad on demurrer; whereupon the defendant moved to be allowed costs, which were not granted by the .Court. To this ruling of the Court the defendant excepted.
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Exceptions from the Westera District Court, Coodeitow J. presiding. This is scire facias, sued out upon a recognizance, entered into by the defendant to prosecute an appeal taken from the judgment of a justice of the peace in a criminal proceeding. The writ and recognizance were adjudged bad on demurrer; whereupon the defendant moved to be allowed costs, which were not granted by the .Court. To this ruling of the Court the defendant excepted. The claim of the defendant for costs is founded upon the ninety-first section of c. 115, Revised Statutes. It provides, that costs shall be allowed to…
1Opinion of the Court
The opinion of the Court was drawn up by
Tennev I.
— In criminal prosecutions in behalf of the State, no costs are allowed in favor of the accused, if be be discharged or acquitted. But in ail actions, the party prevailing shall be entitled to costs. R. S. c. 115, <§> 56. Under a similar provision in c. 59, $ 17, of the statutes of 1821, on the return of a verdict for the defendants in an action of trespass quare clausum fregit, in favor of the State of Maine and the Commonwealth of Massachusetts v. Webster & al. the Court were moved to allow costs, but they were not allowed. The Court say, “…
2Cited by4 opinions
- State v. KinneSupreme Court of New Hampshire · 1860
- Lang v. PeopleMichigan Supreme Court · 1866
- State v. KinneSupreme Court of New Hampshire · 1859
- State v. WilsonSupreme Court of Missouri · 1915