Davis v. County of Le Sueur
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for Le Sueur county, Edson,J., presiding, overruling a demurrer to the complaint. The facts set out in the complaint are, in substance, as follows : The plaintiff is a constable in Le Sueur county, and, as such constable, 'travelled 800 miles in pursuit of a criminal, for the purpose of arresting him upon a warrant issued by a justice of the peace and delivered to the plaintiff to be executed.
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Appeal by defendant from an order of the district court for Le Sueur county, Edson,J., presiding, overruling a demurrer to the complaint. The facts set out in the complaint are, in substance, as follows : The plaintiff is a constable in Le Sueur county, and, as such constable, 'travelled 800 miles in pursuit of a criminal, for the purpose of arresting him upon a warrant issued by a justice of the peace and delivered to the plaintiff to be executed. Thereafter plaintiff duly presented a verified bill for f 80, for such services, which was disallowed by the board of county commissioners.…
1Opinion of the CourtGilfillaN, C. J.
The question is here presented, is a constable entitled to mileage at the rate of 10 cents a mile travelled by him in endeavoring to serve a warrant issued by a justice of the peace for a criminal offence,where he fails to arrest the person charged? When such a warrant is delivered to a constable for service, it is his duty to execute it, (Gen. St. 1878, c. 65, § 141, and c. 106, § 2,) and for wilful neglect or refusal to perform such duty he is guilty of a misdemeanor. Penal Code, §§ 104, 105.
The statute regulating the fees of constables does not expressly allow mileage, whether the warrant…
2Cases cited1 opinion
- Brackett v. GilmoreSupreme Court of Minnesota · 1870
3Cited by5 opinions
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