Scharrenbroich v. Lewis & Clark County
Montana Supreme Court
Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Peter Scharrenbroich, sheriff, against Lewis and Clark county. Plaintiff had judgment, and defendant appeals.
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Appeal from District Court, Lewis and Clark County; J. M. Clements, Judge. Action by Peter Scharrenbroich, sheriff, against Lewis and Clark county. Plaintiff had judgment, and defendant appeals. Is the excess, over and above expenses, of the amount prescribed and required by sections 4604 and 4606 of the Political Code to be paid to sheriffs as mileage, an emolument? In other words: The compensation, or fee, allowed to plaintiff by sections 4604 and 4606, is $185.70. His actual expenses were $90.65. Is the difference of $95.05 an emolument within the meaning of the Constitution? At the time…
1Opinion of the CourtJustice Milburn
This ease is on appeal from a judgment in favor of the plaintiff and respondent. The plaintiff was elected sheriff for the *256county of Lewis and Clark in 1904 and is still the incumbent of that office. In the months of March, April and May he, in obedience to lawful orders, transported three persons to the insane asylum and one to the reform school, necessarily traveling twelve hundred and thirty-eight miles, for which distance the statute, in force at the time of his election, allowed him $185.70 for mileage of himself and the persons in his charge. His actual expenses were $90.65, leaving, as…
2Cited by10 opinions
- Manning, Commissioner of Finance v. SimsCourt of Appeals of Kentucky (pre-1976) · 1948
- Taxpayers' League of Carbon County v. McPhersonWyoming Supreme Court · 1936
- Silverstein v. Department of Mental HygieneCalifornia Court of Appeal · 1952
- Estate of PerlCalifornia Court of Appeal · 1952
- State v. BoykinArizona Supreme Court · 1973
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