Lyman County v. State

Citations

• 11 S.D. 391
• 78 N.W. 17
• 1899 S.D. LEXIS 6

Syllabus

<p>1. Laws 1881, Chap. 84. §15, providingfor the payment out of the state'treasury of costs and expenses of criminal prosecutions arising in unorganized counties, being valid when enacted, was not abrogated by the adoption of the state constitution, which prescribes a new method of making • appropriations.</p> <p>2. Where items of a claim have been audited by the commissioners of a county, and a county warrant for each item duly issued, it will be presumed, in an action by the county against the state on such claim, that the items were carefully and honestly examined and audited, in amounts believed to be legal and reasonable.</p> <p>3. Reasonable compensation for services allowed and 'paid to an attorney appointed by the court to prosecute a criminal action arising in an unorganized county, there being no state’s attorney at the time, cannot be recovered from the state by the county. 4. It is otherwise, however, as to expense incurred by him in the prosecution.</p> <p>5. Where a separable claim in part against one party and in part against another is pleaded as one cause of action, a g'eneral demurrer thereto by-one party confesses a cause of action as to the other, and is properly overruled.</p> <p>6. A complaint by a county against the state alleging the payment by plaintiff of costs and expenses incurred in a criminal prosecution arising in an unorganized county, for which the state is alleged to be liable, states but one cause of action, though it allege that the county has received the warrants of another county, which are unpaid, for some of the items of such costs.</p> <p>7. An intervening county claiming from the state a part of the amount claimed by plaintiff county for costs and expenses. incurred in a criminal prosecution arising in an unorganized county, on the ground that it has paid part of such costs and received the warrants of plaintiff therefor, which remain unpaid, is not entitled to any portion of such amount, without surrendering, or offering t