Donnelly v. County of Johnson

Supreme Court of Iowa

Donnelly v. County of Johnson

7 Iowa 419

Supreme Court of Iowa·Decided December 18, 1858·Published·Cited by 3 cases

Opinion

Stockton, J.

This judgment of the district court must be reversed. There is no provision in the statute giving [420] to a witness for tlie defendant in a criminal prosecution, the right to claim the payment of his witness fees from the county treasury. When called in behalf of the prosecution, lie is to be paid by the county; but in no other case. He must look to the party summoning him as a witness, for his compensation.

Judgment reversed.

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Stockton, J.

This judgment of the district court must be reversed. There is no provision in the statute giving [420] to a witness for tlie defendant in a criminal prosecution, the right to claim the payment of his witness fees from the county treasury. When called in behalf of the prosecution, lie is to be paid by the county; but in no other case. He must look to the party summoning him as a witness, for his compensation.

Judgment reversed.

Donnelly v. County of Johnson, 7 Iowa 419 (iowa 1858).

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