Allison v. Baynes

*496OPINION

By BELL, J.

The plaintiff in this case is employed as a full time deputy sheriff. The defendant is a practicing attorney, and a member of the County Bar Association and presently occupies the office of Justice of the Peace. Plaintiff was appointed a “Special Constable” by defendant to serve summons in a Forcible Detention case and to execute a warrant in a Bastardy case.

In both instances the Return of process was made by plaintiff, as “Special Constable” and fees taxed according to the allowance provided by statute. The costs in the cases have been paid to the defendant, who, on demand…