Davis v. Millsap
Missouri Court of Appeals
Writ of Error from Oregon Circuit Court — Hon. W. N. Evans, Judge. (1) Making extraordinary, efforts and incurring expenses not covered by legal fees is voluntary and will not entitle an officer to recover a reward for making an arrest or causing an arrest to be made which it was Ms legal duty to do. Therefore a sheriff is not entitled to a reward offered for the arrest or conviction of a criminal when the service performed is in the line or scope of Ms duty.
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Writ of Error from Oregon Circuit Court — Hon. W. N. Evans, Judge. (1) Making extraordinary, efforts and incurring expenses not covered by legal fees is voluntary and will not entitle an officer to recover a reward for making an arrest or causing an arrest to be made which it was Ms legal duty to do. Therefore a sheriff is not entitled to a reward offered for the arrest or conviction of a criminal when the service performed is in the line or scope of Ms duty. Keck v. Merry, 23 Mo. 72; Thorton v. Railroad, 42 Mo. App. 58; Cornwell v. Transit Co., 100 Mo. App. 258, 106 Mo. App. 135; Smith v.…
1Opinion of the CourtGray, J.
Can a sheriff who has located, arrested and returned to his county in this state a fugitive from justice, recover a reward offered for such services? If this question is answered in the affirmative, the judgment must be affirmed.
On the 3d day of February, 1906, W. S. Millsap was killed in Oregon county, and Luther Minnich was charged with the crime. Minnich escaped from Missouri and was supposed to be a fugitive from justice. The county court of Oregon county offered a reward of two hundred dollars for his arrest and conviction, and-the state offered a reward of three hundred dollars on the…
2Cases cited6 opinions
- Smith v. Vernon CountySupreme Court of Missouri · 1905
- Kick v. MerrySupreme Court of Missouri · 1856
- Hogan v. StophletIllinois Supreme Court · 1899
- Gregg v. PierceNew York Supreme Court · 1860
- Cornwell v. St. Louis Transit Co.Missouri Court of Appeals · 1903
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Kentucky Bankers Ass'n v. CassadyCourt of Appeals of Kentucky (pre-1976) · 1936