Ex parte Wyles
Court for the Trial of Impeachments and Correction of Errors
Motion, on behalf of William Wyles, for a mandamus to the board of supervisors of Oswego county, to compel them to audit and allow an account presented by him at the last annual meeting of the board for his services as a constable of the town of Scriba, and rejected.
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Motion, on behalf of William Wyles, for a mandamus to the board of supervisors of Oswego county, to compel them to audit and allow an account presented by him at the last annual meeting of the board for his services as a constable of the town of Scriba, and rejected. The account amounted to $127,36, and was for his travelling fees in attempting to serve warrants issued by justices of the peace and other magistrates for criminal offences, where the parties sought to be arrested could not be found. The fees were charged at six cents per mile for going and returning. But it was stipulated that…
1Opinion of the Court
By the Court, Beaedsley, J.
The statute gives certain fees to a constable for serving a warrant, and for travelling to make such service. (2 R. S. 750, § 4.) But no fees are to be paid unless the warrant is actually served. The rule is probably without exception, that no fees are allowed to any officer for travelling in order to serve process unless the service is actually made. I think the principle is entirely settled, and it is moreover one of sound policy. It excites to vigilance and fidelity, whereas the opposite rule would afford a strong temptation to remissness and fraud.
Motion denied
2Cited by3 opinions
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902
- Broughton v. County of Santa BarbaraCalifornia Supreme Court · 1884
- Schneider v. Waukesha CountyWisconsin Supreme Court · 1899