McHenry v. Hot Spring County
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Alexander M. DuEEie, Judge. This cause was decided by the Hot Spring circuit court, on appeal from the county court, on the following agreed statement of facts : “ An agreed statement of facts, on which this cause is submitted to the court, sitting,as a jury; “1. The sheriff, T. R. McHenry, by his deputy ■sheriff, waited on and attended the grand jury at the February term, Í891, of the Hot Spring circuit court for ■eight days, and…
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Appeal from Hot Spring Circuit Court. Alexander M. DuEEie, Judge. This cause was decided by the Hot Spring circuit court, on appeal from the county court, on the following agreed statement of facts : “ An agreed statement of facts, on which this cause is submitted to the court, sitting,as a jury; “1. The sheriff, T. R. McHenry, by his deputy ■sheriff, waited on and attended the grand jury at the February term, Í891, of the Hot Spring circuit court for ■eight days, and presented his claim to the county court, charging three dollars per day as for similar services in waiting on court. The court…
1Opinion of the CourtBattue, J.
1 and 2. No fee is allowed a sheriff for waiting on a grand jury, and the county is chargeable with none. Cole v. White County, 32 Ark. 45; Logan County v. Trimm, ante, p. 487.
1. Sheriff not entitled to fee for waiting-on grand jury.
3. The fact that the sheriff had four warrants for the arrest of A. B. Turner did not entitle him to fees for four arrests. He could not have lawfully arrested him more than once, without setting him at liberty, or his escape, neither of which, it appears, occurred. He was not, therefore, entitled to mileage except for the miles traveled in execution of one…
2Cases cited4 opinions
- Cole v. White CountySupreme Court of Arkansas · 1877
- Fanning v. StateSupreme Court of Arkansas · 1886
- Gulf, Colorado & Santa Fe Railway Co. v. DawsonTexas Supreme Court · 1888
- Redfield v. Shelby CountySupreme Court of Iowa · 1884
3Cited by3 opinions
- Miller County v. MageeSupreme Court of Arkansas · 1928
- Opinion No., Arkansas Attorney General Reports2008
- the City of Houston v. Gerald A. P. Boyle, Texas Court of Appeals, 1st District (Houston)2004