Barnes v. Marion County
Supreme Court of Iowa
Appeal from Jasper -District Oowt. The plaintiff was sheriff of Warren county. One John W. Brannon was indicted for a crime by the grand jury of Marion county, and the venue of the cause was changed to Warren county. Brannon had before that been convicted of another crime, and was in confinement' in the penitentiary at Fort Madison. Two other parties were also imprisoned at the same place who were witnesses, one for the State and .one for said Brannon.
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Appeal from Jasper -District Oowt. The plaintiff was sheriff of Warren county. One John W. Brannon was indicted for a crime by the grand jury of Marion county, and the venue of the cause was changed to Warren county. Brannon had before that been convicted of another crime, and was in confinement' in the penitentiary at Fort Madison. Two other parties were also imprisoned at the same place who were witnesses, one for the State and .one for said Brannon. The cause against said Brannon came on for trial at the AnguA oerm, 1878, of the Warren District Court. Some days before the trial commenced…
1Opinion of the CourtRotiirook, J.
*484i sheriff * fees; mileage. *483I. We think the plaintiff was entitled to mileage for the actual travel, and no more. The orders for *484the removal of the three prisoners from Fort Madison Uidianola might well have been included in 0ne order. That it was understood'it was to be done at one trip is evident from the fact that the attorneys for the State and Brannon directed that the parties be brought just in time for the trial. Even if such direction had not been given, the plaintiff would not have been justified in making three trips, and charging mileage and all^of the incidental expenses for each…
2Cited by1 opinion
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