Adams v. Commonwealth ex rel. Ashby

Court of Appeals of Kentucky

Adams v. Commonwealth ex rel. Ashby

5 Ky. 241

Court of Appeals of Kentucky·Decided July 1, 1810·Published

Opinion

OPINION of the Court, by

Ch. J. Boyle.

The person on whose information a prosecution upon a recognizance to keep the peace has been instituted, is not required by law to be made a party to the prosecution, nor subject to pay the costs upon the failure of the prosecution. It seems therefore, that Ashby was unnecessarily made a party in the writ of error and ought sot to be subject to the payment of costs.

[243]*243Wherefore it is considered that the former judgment of this court, so far as it relates to the costs be annulled and set aside, and that ⅛ other respects it stand unaltered and affirmed.

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OPINION of the Court, by

Ch. J. Boyle.

The person on whose information a prosecution upon a recognizance to keep the peace has been instituted, is not required by law to be made a party to the prosecution, nor subject to pay the costs upon the failure of the prosecution. It seems therefore, that Ashby was unnecessarily made a party in the writ of error and ought sot to be subject to the payment of costs.

[243]*243Wherefore it is considered that the former judgment of this court, so far as it relates to the costs be annulled and set aside, and that ⅛ other respects it stand unaltered and affirmed.

Adams v. Commonwealth ex rel. Ashby, 5 Ky. 241 (Ky. Ct. App. 1810).

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