Nelson v. Breen

— The question involved on this appeal is the right of a constable in Merced County to charge mileage for the *246distance traveled for the purpose of arresting a prisoner, and also for conveying him to jail after his arrest.

The question was decided in the affirmative in Allen v. Napa Co., 82 Cal. 187, following the decision in Cunningham v. San Joaquin Co., 49 Cal. 323. It is contended, however, that by subdivision 14, section 201 of the County Government Act of 1889 (Stat. 1889, p. 297), a different rule of compensation has been prescribed. Under that section constables in counties of the…