State ex rel. Malone v. Dreiling

The opinion of the court was delivered by

Burch, J.:

In the statute defining the authority of constables the territory within which a constable may act is twice specifically *202limited to the county. (R. S. 80-701, 80-702.) The court held this territory may not be enlarged except by a statute of enlargement, and R. S. 62-605 does not authorize a constable to go beyond the cpnfines of his county to make an arrest except in what amounts to fresh pursuit. It is contended in a petition for rehearing that a sheriff has no more authority to go outside the county to serve criminal process issued by a…