Wire v. Board of County Commissioners

*726The opinion of the court was delivered by

Dawson, J.:

This is an action for a declaratory judgment which had its inception in a disagreement between the sheriff, plaintiff, and the board of county commissioners, defendant, touching the correct amount of compensation due the sheriff for expenses for mileage "actually and necessarily traveled” by him in serving tax warrants.

The pertinent statute provides:

“That in addition to the salary and amounts allowed for deputy hire, the sheriff shall be allowed for every, mile actually and necessarily traveled, each way, in serving or endeavoring to serve…