Monahan v. San Diego County
Monahan v. San Diego County
Opinion of the Court
The plaintiff, as a constable, charged the defendant fees for services in criminal cases, amounting to $578.75, and presented to the board of supervisors his verified, itemized bill for this amount. The board allowed his claim to the extent of $384, but rejected it for the balance of $194.95, on the ground that the charge for the sum rejected was for “mileage in bringing various persons arrested by him from
The questions presented were decided adversely to appellant’s contention in Allen v. Napa County, 82 Cal. 187, 23 Pac. 43, following Cunningham v. San Joaquin County, 49 Cal. 323. I think the judgment should be affirmed.
We concur: Fitzgerald, C.; Belcher, C.
For the reasons given in the foregoing opinion the judgment is affirmed.
Reference
- Full Case Name
- MONAHAN v. SAN DIEGO COUNTY
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Constables—Mileage Fees.—Under Act of March 5, 1870, providing that constables shall receive mileage for “every mile necessarily traveled, in going only, in executing any warrant of arrest, subpoena, or venire, bringing up a prisoner on habeas corpus, taking prisoners before a magistrate or to prison,” a constable is entitled to mileage both for the distance traveled in going to make an arrest, and for that traveled in bringing his prisoner from the place of arrest to the magistrate or to prison. -Allen v. Napa County, 82 Cal. 187, 23 Pac. 43, followed.