County Commissioners v. Howell

Citations

• 51 Fla. 160

Syllabus

<p>1. When a party defendant has been tried by a jury, acquitted and discharged of a criminal offence in the court of a County Judge, the county in which he is tried is liable under section 9, Article XVI of the Constitution of Florida, as amended in 1894, to pay the mileage and attendance of the defendant’s witnesses, who have been properly subpoenaed and have attended upon the trial; and in such case, under existing laws the trial court can only enter a general judgment against the county for the costs, but such judgment is not a finality as to the items and amounts of such costs, but these are to be investigated, audited and allowed by the county commissioners in the exercise of a legal, and not arbitrary discretion, and the liability of a county does not become fixed as to the items and amount to be paid until the commissioners have determined them to be legal, or they have been established by suit. If the county commissioners refuse to act, they may be compelled by mandamus to do so; hut if they have acted, and have erred, the remedy is not by mandamus, but by suit of the aggrieved party against the county.</p> <p>2. When a defendant has been tried, acquitted and discharged of a criminal offense, and has subpoenaed witnesses in his behalf, in accordance with statutory provisions, who have have attended the trial, such defendant is not liable for the mileage and attendance of such witnesses, and is not a proper party to enforce the payment by'the county of such costs, unless he has advanced and paid them to his. witnesses.</p>