Legal Opinion

Bringolf v. Polk County

Supreme Court of Iowa

Decided October 26, 1875PublishedCited by 3 opinions

Apjpeal from, Polls District Court. The parties to this suit filed in the Polk county District Court an agreed statement of facts, involving the amount of compensation to which plaintiff is entitled for certain services as sheriff of Polk county. The court found adversely to the claim of plaintiff. He appeals. The agreed statement of facts appear in the opinion in connection with the respective claims of plaintiff.

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Apjpeal from, Polls District Court. The parties to this suit filed in the Polk county District Court an agreed statement of facts, involving the amount of compensation to which plaintiff is entitled for certain services as sheriff of Polk county. The court found adversely to the claim of plaintiff. He appeals. The agreed statement of facts appear in the opinion in connection with the respective claims of plaintiff. If the statute provides specific fees and declares that no other fees shall be taken, there can be no constructive fee; and if the statute imposes a particular duty and fails to…

1Opinion of the Court

Day, J. —

i sheriff’s producing1861 prisoner. I. About the 5th day of December, 1874, the plaintiff, as sheriff of Polk county, had in his custody in the Jail sa^ county one Josie Clinton, there under indictment; by verbal order of the 'court then in session, he brought said Josie Clinton before the court to answer in said case. Por this service he claims ten cents mileage for one mile.

Plaintiff bases his claim upon paragraph seven, Section 3788 of the Code, which provides that the sheriff is entitled to receive for attending with a person before a court or judge, when required, for each day,…

2Cited by3 opinions

  1. State Ex Rel. Fletcher v. NaumannSupreme Court of Iowa · 1931
  2. McDonald v. Woodbury CountySupreme Court of Iowa · 1878
  3. White v. JonesSupreme Court of Iowa · 1885

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