11 Iowa 452 | Iowa | 1861
A charge of passing counterfeit money was preferred against the defendant, Donnell, and was ignored by the grand jury, and the defendant discharged. The court being satisfied from the circumstances in the case that the prosecution was set on foot by one D. Silversmith and Louis Toppe, without probable cause, directed that the costs of the prosecution, assessed at $69,50, should be taxed up and recovered against the said Silversmith and Toppe. After a motion to set aside .this order was overruled, the question of its validity is referred to us by appeal.
The authority for the exercise of-’■such a discretionary power is found in the Session laws of 1853, p. 45. The ■objection made by counsel relates principally to the manner
As to the insufficiency of the evidence or circumstances authorizing such a taxation of the costs against the prosecutors, the parties aggrieved should have had the same made of record and certified up to this court, if upon such a question they desired the opinion of this court.
Affirmed.