Ex parte Owen
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
Opinion of the Court by Napton Judge.
The following facts are agreed between petitioner and the circuit attorney: “ At the March term, 1841, three prisoners were convicted and sentenced to the State Penitentiary. James H. Owen, as Sheriff of Platte county, carried said convicts to the State Penitentiary, and L. C. Jack, Moseby N. Owen, John W. Vineyard and J. Staunton, were guards, who assisted him in transporting said convicts. An account was presented to the Auditor of Public Accounts, and a warrant on the State Treasurer demanded for services .. , , ged in said account; that all said account was allowed by the Auditor, except the 4th item, allowing f 1 50 per diem *194 for each of said four guards, amounting in the whole to |X08. The guards were allowed $1 75 per day for their services, and 8 cents.a mile for travelling expenses. The whole account was presented to the circuit court of Platte county, and by the judge and circuit attorney certified to auditor for his warrant. The petitioner asks a. mrmda-mus upon the Auditor, requiring him to audit and allow the • said item of $108 in said account.
Waiving the question, whether this court would have jurisdiction in any district except that wherein the seat of go-vei'nment is situated, to hear and determine this and similar motions, the court are unanimously of opinion., that the . . ,. ... construction given by the Auditor oí Public Accounts, to secon(i section of the act of 1838-9, page 93, under which this account was presented, is correct.
Motion overruled.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 1 case
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.