Wells v. McCullock
Illinois Supreme Court
This was an appeal from the decision of the Circuit Court of Kane county, made by T. L. Dickey, Judge, at November term, 1850, upon a motion to quash a fee-bill issued by the appellant, who was clerk of the Circuit Court, against appellees, who had been indicted, tried, and acquitted for malicious mischief. The indictment was found in the Kane Circuit Court, and taken by change of venue to McHenry county.
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This was an appeal from the decision of the Circuit Court of Kane county, made by T. L. Dickey, Judge, at November term, 1850, upon a motion to quash a fee-bill issued by the appellant, who was clerk of the Circuit Court, against appellees, who had been indicted, tried, and acquitted for malicious mischief. The indictment was found in the Kane Circuit Court, and taken by change of venue to McHenry county. The fee-bill was issued for fees due to the clerk of the Kane Circuit Court. The fee-bill was levied by the sheriff of Kane county after thirty days’ demand, on certain land which was sold…
1Opinion of the Court
Catón, J.
The single question in this case is, whether a party who is indicted, under the criminal code, and" is acquitted upon trial, is liable for costs which he has made in his defence. We think the statute has exempted him from the payment of such costs. In the eighth section of ch. 41, Rev. St., this provision is found: “And in all criminal cases where the defendant shall be acquitted, or otherwise legally discharged without payment of costs, the clerk shall receive such compensation as the county commissioners shall order, not exceeding thirty dollars per annum.” In connection with this…
2Cited by15 opinions
- Schilb v. KuebelSupreme Court of the United States · 1972
- Schilb v. KuebelIllinois Supreme Court · 1970
- People v. NichollsAppellate Court of Illinois · 1977
- McArthur v. ArtzIllinois Supreme Court · 1889
- People v. LovelaceAppellate Court of Illinois · 2018
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