Barrett v. Stutsman County
North Dakota Supreme Court
Appeal from District Court, Stutsman County; Rose, J. Action by Michael J. Barrett against Stutsman County. Judgment for plaintiff, and defendant appeals. There is no statute law in this state providing that counties shall pay the costs of criminal cases in the courts of justices of the peace. To enable a justice to recover such costs from a county he must show a statute obliging the county to pay.
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Appeal from District Court, Stutsman County; Rose, J. Action by Michael J. Barrett against Stutsman County. Judgment for plaintiff, and defendant appeals. There is no statute law in this state providing that counties shall pay the costs of criminal cases in the courts of justices of the peace. To enable a justice to recover such costs from a county he must show a statute obliging the county to pay. Board of Commissioners v. Houn, 23 Kan. 25•j\'Becknell v. Amador Co., 30 Cal. 237; Razvley v. Board of Commissioners, 2 Blackf. 355; United States v. Barker, 2 Wheat 395; Kitchell v. Madison Co., 4…
1Opinion of the CourtBartholomew, C. J.
The plaintiff was a duly elected and qualified justice of the peace for Stutsman County. On July 3, 1893, plaintiff, as such justice, filed with the board of county commissioners for said county, for audit and allowance, an itemized statement of his fees in criminal cases for the six months ending June 30, 1893. On September 18, 1893, said bill not having been allowed, and, so far as the record shows, no definite action having been taken thereon, he commenced this action against the county to recover the same. The county answered in general denial, and also pleaded the pendency of the claim…
2Cases cited7 opinions
- Gillett v. Comm'rs of Lyon CountySupreme Court of Kansas · 1877
- People Ex Rel. A. Oakey Hall v. Board of SupervisorsNew York Court of Appeals · 1865
- State ex rel. Brackett v. County JudgeSupreme Court of Iowa · 1857
- Hawthorn v. Board of CommissionersIndiana Court of Appeals · 1892
- Codding v. Bradford CountySupreme Court of Pennsylvania · 1887
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3Cited by5 opinions
- State v. Equitable Life Assurance Society of the United StatesNorth Dakota Supreme Court · 1938
- State Ex Rel. Bryant v. DolanSouth Dakota Supreme Court · 1933
- Walker v. MarondaNorth Dakota Supreme Court · 1906
- Short v. Civil Township of White LakeSouth Dakota Supreme Court · 1895
- Ward County v. JacobsonNorth Dakota Supreme Court · 1939