J. A. SIMMONS AND OTHERS, COUNTY COMMISSIONERS OF HOLMES COUNTY, PLAINTIFFS IN ERROR,
v.
STATE EX REL. P. W. TEW, DEFENDANT IN ERROR
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The Florida Supreme Court affirmed a peremptory writ of mandamus ordering county commissioners to pay a county judge's fee bill. The court found that the statute requiring an insolvency affidavit or cost bond did not apply to public crimes.
The court held that Chapter 5651, Laws of 1907, does not apply to crimes of a public nature, but only to those where the complaining witness has suffered special damage in their person or private property.
“In all cases of Justices of the Peace and County Judges in this State shall require payment in advance or security for costs of process service of the same and of examination unless the party applying for a warrant shall make an affidavit of insolvency and of substantial injury, to person or property, by him suffered, in which case process shall issue without payment of costs.”
This quote is the text of the statute at issue in the case.
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Join FLexlaw to unlock all legal intelligenceCounty Commissioners refused to pay a County Judge's fee bill for a trial involving a violation of the Local Option Law. Their refusal was based on th…
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Cockrell, J.
A peremptory writ of mandamus issued against the County Commissioners, ordering the payment of the fee bill of the County Judge on the trial and acquittal of one charged with a violation of the Local Option Law.
The sole basis for the refusal to pay the bill when presented and for bringing the case to this court, is that no insolvent affidavit or bond for cost had been filed with the County Judge, which in the judgment of the County Commissioners was made a prerequisite condition by Chapter 5651, Laws of 1907. This Act reads: “In all cases of Justices of the Peace and County Judges in this State shall require payment in advance or security for costs of process service of the same and of examination unless the party applying for a warrant shall make an affidavit of insolvency and of substantial injury, to person or property, by him suffered, in which case process shall issue without payment of costs.”
The constitutionality of the act is here questioned, but we may readily dispose of this case by an inspection of the act itself which clearly has reference only to those classes of crimes where the complaining witness has suffered special damage in his own person or private property, and it has no applicability to the crimes of a public nature like the instant one. Judgment affirmed.
Taylor, C. J., and Shackleford and Ellis, JJ., concur. Whitfield, J., absent on account of illness.
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Osceola Cnty. v. State, 115 Fla. 5 (Fla. 1934)…eace for discharge, commitment or bail, because the Legislature has failed to provide compensation to the constable for the particular service. Section 8490 C. G. L. 1927 (Chapter 5651, Laws of 1907) was construed by this Court in Simmons v. State, 71 Fla. 340, 71 South. Rep. 278, as applying only to those classes of crimes where the complaining witness has suffered special damage in his own person or private property. The phrase “crimes of a public nature” was there used to distinguish between crimes whe…1 / 2
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Barrows v. The State of Fla. ex rel. F. M. Campbell, 77 Fla. 773 (Fla. 1919)…ate was entitled to no fees from the county in such case. In this case the embezzlement charged may have been from a private party, in which case Chapter 5651, Acts of 1907, above quoted, may have been applicable. See Simmons v. State, ex rel. Tew, 71 Fla. 340, 71 South. Rep. 278. Judgment reversed. Browne, O. J., and Taylor,, Ellis and West, JJ., concur.…