Scofield v. Wilcox
North Dakota Supreme Court
Appeal from the District Court of Eenville County. F. F. Fislcy Special Judge. Action to recover from sheriff mileage collected by such sheriff for distance traveled by his deputy. Judgment for plaintiff.. Defendant appeals. The office of sheriff is on a salary basis, and all fees earned belong to the county, excepting mileage and livery hire. Comp. Laws 1913, § 3520. The mileage allowed is 10 cents per mile actually and necessarily traveled. Comp.
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Appeal from the District Court of Eenville County. F. F. Fislcy Special Judge. Action to recover from sheriff mileage collected by such sheriff for distance traveled by his deputy. Judgment for plaintiff.. Defendant appeals. The office of sheriff is on a salary basis, and all fees earned belong to the county, excepting mileage and livery hire. Comp. Laws 1913, § 3520. The mileage allowed is 10 cents per mile actually and necessarily traveled. Comp. Laws 1913, § 3521. The sheriff or his deputy is also allowed to charge not to exceed $5 per day for livery hire. Comp. Laws 1913, § 3522. All…
1Opinion of the CourtBruce, J.
Tbe only question in this case is whether under tbe provisions of §§ 3520-3525 of tbe Compiled Laws of 1913, a sheriff is entitled to keep for himself tbe mileage paid for tbe distance traveled in tbe performance of tbe official duties of bis deputy, or whether such mileage belongs to tbe deputy, and to the deputy alone.
Tbe plaintiff in this case traveled 6,179 miles while in tbe employ of tbe sheriff as deputy, and tbe defendant sheriff allowed and paid him all bis expenses such as livery hire, gasolene, and other expenses, but collected and retained for himself tbe 10 cents per mile which…
2Cases cited2 opinions
- Wilson v. RussellSupreme Court Of The Territory Of Dakota · 1887
- Summerville v. SorrensonNorth Dakota Supreme Court · 1912
3Cited by4 opinions
- Howard v. Ward CountyDistrict Court, D. North Dakota · 1976
- Turnquist v. KjelbakNorth Dakota Supreme Court · 1956
- Schwartzenberger v. McKenzie County Board of County CommissionersNorth Dakota Supreme Court · 2017
- Schwartzenberger v. McKenzie County Board of County CommissionersNorth Dakota Supreme Court · 2017