Cunningham v. County of San Joaquin
California Supreme Court
Appeae from the District Court, County of San Joaquin. The plaintiff was Sheriff of the county of San Joaquin, and, after March 6, 1872, executed several warrants for the arrest of persons charged with crime.
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Appeae from the District Court, County of San Joaquin. The plaintiff was Sheriff of the county of San Joaquin, and, after March 6, 1872, executed several warrants for the arrest of persons charged with crime. He presented, for allowance, to the Board of Supervisors, an account for these services, in which he charged mileage not only for the distance traveled in going to make the arrest, but for that traveled in conveying the prisoner from the place of arrest to the magistrate who issued the warrant. The Board rejected that part of the account which was for mileage in taking prisoners from the…
1Opinion of the Court
By the Court, McKinstry, J.:
The “executing a warrant of arrest” and the “taking a prisoner before a magistrate” are mentioned in the statute as separate and distinct acts.
The words “in going only” which immediately precede the words “in executing any warrant of arrest,” cannot be held to apply to the taking of a prisoner before the magistrate, except as applicable to the distance traveled from the place of the arrest to the magistrate, and the officer making the arrest was entitled to his mileage for that distance.
The officer was entitle to his mileage (outside of San Joaquin county) in going…
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