Remer v. Lawrence County
Remer v. Lawrence County
Opinion of the Court
In this action the sheriff of Lawrence county seeks to recover of the county certain fees for services rendered in summoning ■ grand and petit jurors. The complaint contains two counts. It is alleged in the first that the plaintiff necessarily and actually traveled 3,867 miles, for which he received compensation at the rate of 5 cents per mile. He contends he should have received 15 cents per mile, and that there is a balance due him of $386.70 It is alleged in the second court that the plaintiff, in Summoning jurors, actually and necessarily served upon persons so summoned.340 copies of venire and notice to come and attend as jurors, for which he claims he should receive compensation at the rate of 25 cents per copy, aggregating §85, no part of which has been paid. Defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was overruled, and judgment rendered in favor of plaintiff for the entire amount claimed. This appeal is from such judgment.
Since the judgment of the circuit court was rendered, this court has decided the question raised by the allegations of the first count. It does not state a cause of action. Neher v. McCook Co., 11 S. D. 422, 78 N. W. 928. Nor does the second count contain a cause of action. Sheriffs are entitled to charge and receive for making a copy of any process, bend, or paper, other than in the statute provided, one cent for every 10 words. Comp. Laws, § 1409. It is not alleged that any copies were made by the sheriff, and the statute relied upon does not pro
Case-law data current through December 31, 2025. Source: CourtListener bulk data.