Williams v. Brannen

Hatcher, Judge:

This is a proceeding in prohibition to restrain the respondent, a justice of the peace, from trying the petitioner on a charge of violating Code, 22-2-63. If found guilty, the petitioner would be subject to a fine of from ten to five hundred dollars. He takes the position that the justice would be pecuniarily interested in the result.

Under Code, 50-17-14, the fees of a justice in misdemeanor cases not paid “by the parties” shall be “charged and recovered” as provided in Code, 7-5-15, the pertinent part of which follows:

“The sheriff shall enter all fines paid to him by justices,…