Foulke v. Board of County Commissioners

The question in this case is whether Arapahoe county is liable for the costs incurred by the appellant, as defendant in a habeas corpus proceeding, the facts concerning which will be found in Foulke v. The People, 4 Colo. App. 519. By stipulation the only questions submitted to us are, first, whether the habeas corpus case was a criminal case within the meaning of section 699 of Mills’ Annotated Statutes, relating to costs in criminal cases; and, second, whether these costs are chargeable against the county. It is unnecessary to decide whether the proceeding was civil or criminal in its…