Redfield v. Shelby County
Supreme Court of Iowa
Appeal from Shelby District Court. Action for fees alleged to be due for tbe service of subpoenas in state cases. At tbe time of tbe service, there were seven state cases pending in Shelby county, in which the testimony of one Wyland was desired, who resided in Benton county.
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Appeal from Shelby District Court. Action for fees alleged to be due for tbe service of subpoenas in state cases. At tbe time of tbe service, there were seven state cases pending in Shelby county, in which the testimony of one Wyland was desired, who resided in Benton county. A subpoena in each case was put into the hands of the plaintiff', as sheriff of Shelby county, for service. lie made siich service by making one trip, which was a distance of one hundred and ninety six miles, and charged for mileage on each subpoena, as fees, $19.60, and the same was taxed as costs in each case,…
1Opinion of the CourtAdams, J.
The statute relied upon is section 13, chapter 9-1, Acts of the Nineteenth General Assembly, and is in these words: “Mileage in all cases required by law, going and returning, per mile, five cents.”
Whether, if the plaintiff, with all the subpoenas in his hands at one time, had unnecessarily made a separate trip in each case, he could have charged full mileage for each trip, we need- not determine. No officer probably would feel at liberty to make such unnecessary travel. The theory of the statute doubtless is that five cents per mile each way for actual travel is reasonable compensation, and…
2Cited by2 opinions
- County of Logan v. DoanNebraska Supreme Court · 1892
- McHenry v. Hot Spring CountySupreme Court of Arkansas · 1893