Legal Opinion

Beck v. Sulser

Supreme Court of Oklahoma

Decided June 15, 1915No. 4575PublishedCited by 2 opinions

Error from County Court, Wagoner County; Leon B. Fant, Judge. Action by George Sulser against Leonard Beck. Judgment for plaintiff, and defendant brings error.

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Error from County Court, Wagoner County; Leon B. Fant, Judge. Action by George Sulser against Leonard Beck. Judgment for plaintiff, and defendant brings error. This action was instituted by the plaintiff below to recover the sum of $25 offered as a reward by the defendant below for the arrest of one Stanley Baker, who was charged by criminal complaint with the offense of disposing of mortgaged property in Wagoner county, and a warrant duly issued thereon, which was delivered to the defendant in error, who was a duly qualified and acting constable in Wagoner county. The defendant in error…

1Opinion of the Court

Opinion by

DEVEREUX, C.

(after stating the facts as above). The assignment, of error is well taken. In Oklahoma Railway Co. v. Morris, ante, 148 Pac. 1032, it is held:

“It is contrary to sound public policy for a peace officer, acting within his jurisdiction and within the scope of his authority and line of duty, to receive rewards, other than the compensation allowed by law, for making arrests, whether such arrests be made during the hours when he was on or off duty.”

Rev. Laws 1910, sec. 2069, provides:

“All constables shall be ministerial officers in justices’ courts in their respective…

2Cases cited1 opinion

  1. Oklahoma Ry. Co. v. MorrisSupreme Court of Oklahoma · 1914

3Cited by2 opinions

  1. State v. SanfordCourt of Criminal Appeals of Oklahoma · 1950
  2. Miners' Wholesale Grocery Co. v. JenningsSupreme Court of Oklahoma · 1924

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