State v. Verwayne

Decided October 24, 1876

Supreme Court of Iowa · decided 1876-10-24

The defendants were indicted and convicted for keeping and maintaining a nuisance. There was a jury trial in each case, and the time occupied in each case was three hours. The clerk taxed in each case a jury fee of $24.00. The defendants filed a motion to retax the costs. The court overruled the motion. Defendants appeal. -

Decided 1876-10-24

Adams, J.

¶1l. practice: coste, juiy That the law allowing a jury fee of $24.00 per day to be taxed as a part of the costs of a case is not unconstitutional, was held in Steele v. Central R. R. Co. of Iowa, 43 Iowa, 109, and in cases cited therein. Whatever might be the rule as to taxing in each case a pro rata part of the $24.00 where two or more cases are tried in one day, we think the full $24.00 should be taxed if only one case is tried in a day, even if the whole day is not consumed. Whether more than one case was tried upon the day on which either of the present cases was tried does not appear from the record.

¶2Affirmed.