Board of Commissioners v. Johnson
Indiana Supreme Court
APPEAL from the Morgan Circuit Court. The facts of the case, so far as it is necessary to state them to a proper understanding of the questions involved, are these:— Johnson filed an itemized claim against Morgan county, before the board of county commissioners, amounting to §936.92, for fees claimed to be due to him as clerk of the Morgan circuit court, in criminal prosecutions in which the defendants were acquitted on trial, or the indictments and informations were…
Read the full summary
APPEAL from the Morgan Circuit Court. The facts of the case, so far as it is necessary to state them to a proper understanding of the questions involved, are these:— Johnson filed an itemized claim against Morgan county, before the board of county commissioners, amounting to §936.92, for fees claimed to be due to him as clerk of the Morgan circuit court, in criminal prosecutions in which the defendants were acquitted on trial, or the indictments and informations were disposed of by nolle prosequi. The commissioners refused to allow the claim, or any part of it, and Johnson appealed to the…
1Opinion of the CourtElliott, J.
The appellee having entered a remittitur for three hundred and forty dollars, the amount found for costs in cases of acquittal, since the case was appealed to this court, the only question for our consideration is, is the county liable to the clerk for fees taxed by him for services rendered in a criminal prosecution in which a nolle prosequi is entered and the case thereby disposed of?
As there seems to be some confusion in some of the previous adjudications on this subject, a review of the legislative enactments may serve to present the question in a proper light. Reference is made in…
2Cases cited3 opinions
- Board of Commissioners v. BlakeIndiana Supreme Court · 1863
- Board of Commissioners v. PottsIndiana Supreme Court · 1858
- Fifield v. Board of CommissionersIndiana Supreme Court · 1868
3Cited by3 opinions
- Eddy v. MooreCourt of Appeals of Washington · 1971
- Livengood v. Board of CommissionersIndiana Supreme Court · 1869
- Seiler v. State ex rel. Board of CommissionersIndiana Supreme Court · 1903