[DOWNLOAD] "Knox County Council v. State Ex Rel." by Supreme Court Of Indiana # Book PDF Kindle ePub Free

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eBook details

• Title: Knox County Council v. State Ex Rel.
• Author : Supreme Court Of Indiana
• Release Date : January 21, 1940
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

The controversy arises out of allowances to the relators for services as attorneys in defending a pauper who was charged with murder, they having been appointed to defend by the court in which the criminal charge was pending for trial. The indictment in the criminal case was returned in Pike County, and the cause went to Knox County on change of venue. The Knox Circuit Court made the allowances to the relators for their services in representing the defendant. Thereafter actions were brought in the Knox Circuit Court to mandate the Auditor of Knox County to issue warrants. There were answers in general denial and judgments mandating the issuing of the warrants. They were issued and countersigned by the treasurer, but payment was refused for want of funds. The current actions were then begun to mandate the county council to appropriate sufficient funds to pay the warrants. Whether there were funds appropriated by the county council at the time the allowances were made, which were afterwards diverted to other purposes, does not appear. The appellant contends that, if the relators were entitled to compensation for their services, jurisdiction to make the allowances was in the Judge of the court from which the change of venue was first granted, under § 9-1314, Burns 1933, § 2235, Baldwins 1934, and that, under the County Reform Act (§ 26-527, Burns 1933, § 5391, Baldwins 1934), there can be no allowance or recovery against the county unless there is an existing appropriation by the county council at the time, and that there is no showing here that there was such an appropriation.

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