Day v. Townsend
Supreme Court of Iowa
Appeal from Polk Circuit Court. IN 1883, one Pates was convicted in the district court of Greene county- of the crime of larceny, and sentenced to a term of imprisonment in the penitentiary. From that judgment he appealed to this court. lie gave bail in the amount prescribed in the judgment, with the defendant, Caleb Townsend, as surety on his bond, and was released from custody, lie subsequently fled from the state, and his appeal was not prosecuted.
Read the full summary
Appeal from Polk Circuit Court. IN 1883, one Pates was convicted in the district court of Greene county- of the crime of larceny, and sentenced to a term of imprisonment in the penitentiary. From that judgment he appealed to this court. lie gave bail in the amount prescribed in the judgment, with the defendant, Caleb Townsend, as surety on his bond, and was released from custody, lie subsequently fled from the state, and his appeal was not prosecuted. The defendant thereupon entered into a contract with plaintiff, who at the time was deputy sheriff of Greene county, by which he agreed to pay…
1Opinion of the CourtReed, J.
The only question in the case is whether defendant’s undertaking to pay for such services as plaintiff should render in procuring the arrest and return of Pates to this state is enforceable. Section 41T1 of the Code prescribes-the compensation which shall be paid an agent who is appointed by the governor to demand of the executive of another state or country the surrender of a fugitive from the justice of this state, and section 4-172 "provides as follows: “No compensation, fee, or reward of any kind, can be paid to, or received by, a public officer of this state for a service rendered, or…
2Cases cited3 opinions
- Read v. CaseSupreme Court of Connecticut · 1822
- Parker v. BidwellSupreme Court of Connecticut · 1819
- Broome v. HurstSupreme Court of Pennsylvania · 1804
3Cited by1 opinion
- Dodson v. McCurninSupreme Court of Iowa · 1917