State Ex Rel. Swanson v. District Court

Mr. Justice Morris:

I dissent. There is a legislative omission or a defect in the legislative procedure provided, whichever you choose to call it, relative to the enforcement of a decree of a district court in a water right action where the decree is made in one jurisdiction and service of process becomes necessary in another. The statutes do not specifically authorize sheriffs and constables to serve process or make arrests outside of their respective bailiwicks, and section 7143, Revised Codes, vests in water commissioners only such powers as are exercised by sheriffs and constables. The…