The daily press. (Cincinnati [Ohio) 1859-1859, 1859-03-05
LAW REPORT.
COMMON PLEAS.

. COMMON PLEAS. lIH.
FEES FOR THR DEFENSE OF INDECENT PRISON
ERs.-James Parker against the Board of County
Commissioners. Judge Dickson disposed of
this case an action brought by Judge Parker
to recover from the County $3.50. The plain
tiff was appointed by tho Common Pleas to
defend Sophia Tenanberger, an INDECENT pris-
oner, charged with murder in the second de-
greo, Gnfanticide.) The petition states that
he defended her, and presented bill for $3.50
to the County, and that tho Commissioners
made an entry to the effect that "they allowed
him $40 by way of compromise on that BILL"
From this decision he appealed to the Common
Pleas. A demurrer was filed to the petition,
and the main ground relied on was that IN ap-
peal in matter of this kind did not lie to the
Common Pleas. That demurrer was Cverruled,
and the case came up now on inquiry as to
the value of those services.
The question as to whether an appeal did
lie, and further, whether, if it did, the Court
could allow a sum greater than that the Com
missioners allowed, he Judge DicksoD) would
not now pass upon, for the reason that both
were pending in the District Court.
/ In determining the value Of professional SER
vices, several considerations were to be regard
| ed-the skill and ability Of tho attorney, the
relations existing between attorney and client,
! whether the service was for single matter, or
| whether it was part of an extended business
transacted for the client.
After an examination of the Statutes the
| Court found no law authorizing the payment Of
a fee under an assignment by the Court to de-
fend q prisoner until 1874, when q law was
passed making it unlawful for the Auditor to
allow any claim made by counsel for such serv-
| ice, until the said claim was examined and al
lowed by the County Commissioners. This
law seemed to refer to some preceding enact
ment, but the Court could find none, and pre-
sumod it was intended to refer to the general
practice of the courts. 1t evidently was q re-
medal statute, looking to an evil. The evil
was, the judges allowing fees; the remedy was,
that the Commissioners should pass upon the
claim and, if an appeal lies, the question is,
where is the remedyP
The services rendered in such cases were, in
the opinion of the Court, honorary that the
object of the law was to call on the profession
TO render to INDECENT persons services, apd tha
it did not contemplate the payment of q fee
that the matter Of payment was engrafted OF
the law by the ingenuity of the courts, and
though subsequently recognized by legislation
was only so far recognized as to direct the
Auditor to pay what the County Commissioner
allowed.
The employment is not to be considered il
the light of n contract for money; the pecuni
ary consideration, in the eye of the law, is I,
be nominal; and viewing the case in that light
the Court thought the compromise allowed b,
the committee fair one. A judgment wa
then given for 500 payment of 500 havinI
already been made.
Ferguson & Long for the county.
SUIT FOR THE MAINTENANCE OF AN ILLEGITI
NATE CHILD.-Caroline Elble ps. Nicholas HofeI
An action under the bastardy act, before Judg
Mallon, and jury. The plaintiff is allege
to be only seventeen years, and the defendan
about twenty years. Tho defendant entirel
! denies tho paternity. Verdict of "guilty.
The plaintiff is represented by W. F. Forres
the defendant by j. Egly.
, Jackson Us. Jackson. The contest, befor
, Judge Mallon, in relation to the will Of limo
cence Thronli, resulted in the disagreement {
e the jury.
j. B. Harbin ps. J. Enger. Suit on wal
! ranty with q horse. Verdict for plaintiff fc
$45. -
CRIMINAL SIDE.-Henderson Jordan stoo
7 his trial, before Judge Carter, upon an indict
ment for having in possession counterfe
money. Verdict Of guilty.
Coyerdill & Manning for defense.
[The bills of exceptions handed up to th
Court, in the case of Cook and Setter, have NJ
, yet been signed.
SUPERIOR COURT.
Jndoe Storer disnosed of several demurrer,