Bybee v. Marion County
Supreme Court of Iowa
Appeal from Marion Dislmct Court.— Hon. James D. Gamble, Judge. Action to recover the expenses incurred by plaintiff as sheriff in the payment of railroad fare and livery hire, hotel bills, etc., in the execution of criminal process. A demurrer to the petition was sustained, and judgment rendered for the defendant, from which plaintiff appeals.—
1Opinion of the CourtMcClain, J.
It is alleged in the petition that the county has a population of over 11,000 and less than 28,000, and with reference to such counties it is provided in Code Supp. 190.2, sec. 510a, that the .sheriff shall receive in compensation for his services including the salary provided by Code, section 511, the sum of $2,000 per annum, to be paid out of the receipts of the office, and that in such counties, <( in which the receipts of the office and the salary allowed under section 511 of the Code do not amount to the sum of $1,800 per annum, the board of supervisors shall, at the *611January session…
2Cases cited2 opinions
- Boyle v. Plymouth CountySupreme Court of Iowa · 1893
- Wheeler v. Clinton CountySupreme Court of Iowa · 1894
3Cited by2 opinions
- Smith Premier Typewriter Co. v. Grace, SheriffSupreme Court of Oklahoma · 1911
- McCord v. Page CountySupreme Court of Iowa · 1915