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Pistorius v. Saginaw County Supervisors

Herman Pistorius v. Saginaw County Supervisors

Pistorius v. Saginaw Cnty. Supervisors, 51 Mich. 125 (1883)
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Court
Michigan Supreme Court · State Highest Courts
Decided
June 20, 1883
Citations
51 Mich. 125
Headnotes
Circuit court commissioners’ fees. Act 214 of 1879 fixing the fees of a circuit court commissioner in criminal examinations applies where he takes the evidence in person. Where it is done by a stenographer the board of supervisors are the’ final judges of proper compensation.
Summary
Mandamus. Submitted

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court

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Per Curiam.

A majority of the Court are of the opinion that the statute of 1879, prescribing the fees of circuit court commissioners on criminal examinations, refers to cases where the evidence is taken by the officer in person, and does not apply to cases where the service is mainly vicarious. Here the commissioner did not take the evidence in person, but employed a stenographer to do it. What should be paid for what was done was therefore not dependant on the tariff of rates in the fee bill, but ivas such amount as would be a reasonable recompense, and of this the board of supervisors had the lawful right to judge, and their decision is controlling.

Writ denied.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1912: 11918: 119122026peak 1912 · 1

Relies on it most ⓘ

  1. Messmore v. Kracht137 N.W. 549 (Mich. 1912)
  2. Ware v. City of Battle Creek167 N.W. 891 (Mich. 1918)

Most recent

  1. Ware v. City of Battle Creek167 N.W. 891 (Mich. 1918)
  2. Messmore v. Kracht137 N.W. 549 (Mich. 1912)

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.

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