Schneider v. Waukesha County
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Waukesha county: Jaiies J. Dick, Circuit Judge; This is a contest as to sheriff’s fees. The plaintiff was sheriff of Wcmkesha county during the years 1897 and-1898, and seeks to recover mileage for travel in attempting to execute criminal warrants in cases where he failed to find the defendants, and hence returned the warrants unexecuted. The greater part of the travel was outside of the limits of Waukesha county.
Read the full summary
Appeal from a judgment of tbe circuit court for Waukesha county: Jaiies J. Dick, Circuit Judge; This is a contest as to sheriff’s fees. The plaintiff was sheriff of Wcmkesha county during the years 1897 and-1898, and seeks to recover mileage for travel in attempting to execute criminal warrants in cases where he failed to find the defendants, and hence returned the warrants unexecuted. The greater part of the travel was outside of the limits of Waukesha county. The county board disallowed the claim, and the sheriff appealed to the circuit court. Upon reference to the Honorable M. S. Griswold,…
1Opinion of the CourtWiNslow, J.
The question presented is whether a sheriff can recover mileage for travel in an honest but unsuccessful attempt to execute a criminal warrant.
*268It is familiar law that he can only recover the fees which the statute gives him. . The statute provided (JR. S. 1878, sec. 731, subd. 27) that he should receive for “ traveling to serve any criminal process, for every mile actually traveled, ten cents per mile whether in the county from which process issued or not.” Subd. 34 of the same section also provided: “ When any person accused of any felony shall escape pursuit without fault or negligence of…
2Cases cited5 opinions
- Yavapai County v. O'NeillArizona Supreme Court · 1892
- Comm'rs of Labette County v. FranklinSupreme Court of Kansas · 1876
- Davis v. County of Le SueurSupreme Court of Minnesota · 1887
- Broughton v. County of Santa BarbaraCalifornia Supreme Court · 1884
- Ex parte WylesCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by1 opinion
- Northern Trust Co. v. SnyderWisconsin Supreme Court · 1902