Warner v. Fremont County
Idaho Supreme Court
APPEAL from District Court, Fremont County. The compensation of sheriffs is provided for in article 18, section 7 of our constitution.
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APPEAL from District Court, Fremont County. The compensation of sheriffs is provided for in article 18, section 7 of our constitution. The mileage therein referred to is specifically prescribed on page 177 of Idaho Session Laws of 1890-91, as follows, to wit: “For traveling to execute any warrant of arrest, subpoena, venire or other process in criminal cases, or for taking a prisoner from prison before a court or magistrate, or for taking a prisoner from the place of arrest to prison, or before a court or magistrate for each mile actually and'necessarily traveled in going only, thirty-five…
1Opinion of the CourtSullivan, J.
This is an appeal from the judgment of the district court of Fremont county involving the claim of the sheriff for fees for mileage for taking a prisoner from the place of arrest before a magistrate. The sheriff of said county, who is appellant here, did, by virtue of a warrant of arrest issued-out of the probate court of said county, and placed in his hands for service, arrest the person named in the warrant, at a considerable distance from the county seat, and duly filed his claim against said county for mileage for going to make the arrest, and for mileage for taking the prisoner so…
2Cases cited4 opinions
- Yavapai County v. O'NeillArizona Supreme Court · 1892
- Allen v. Napa CountyCalifornia Supreme Court · 1889
- Cunningham v. County of San JoaquinCalifornia Supreme Court · 1874
- Monahan v. San Diego CountyCalifornia Supreme Court · 1892
3Cited by1 opinion
- Swanson v. SwansonIdaho Supreme Court · 2000