Gregg v. Crabtree
Illinois Supreme Court
Writ op Error to the Circuit Court of Edgar county; the Hon. Charles H. Constable, Judge, presiding. William J. Grregg, clerk of the court below, issued a fee-bill for costs which had accrued in a certain cause in that court, against John Crabtree.
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Writ op Error to the Circuit Court of Edgar county; the Hon. Charles H. Constable, Judge, presiding. William J. Grregg, clerk of the court below, issued a fee-bill for costs which had accrued in a certain cause in that court, against John Crabtree. Among others, the following items were taxed: Sheriff-M. O’Hair, summoning two defendants,... $1 00 Mileage, ... .................................. 0 10 Returning two writs,.....'................... 0 20 -$1 30 Sheriff M. O’Hair, summoning four witnesses,.... $1 00 Mileage,................................... 2 50 Returning four…
1Opinion of the CourtChief Justice Walker
This record presents the question whether the clerk may tax as sheriff’s fees a sum claimed for milage, when the distance traveled is not specified in his return. By section 11 of the act of 1849 (Scates’ Comp. 513), it is enacted, that “ It shall be the duty of each sheriff entitled to mileage under this act, to indorse on each writ, summons, subpoena or other process that he may execute, the distance he may travel to execute the same, ascertaining the distance and the charge properly allowable therefor, in conformity with the foregoing regulations.” This requirement is positive and…
2Cited by2 opinions
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